The central legal point established in the judgment is the assessment of evidence and legal proceedings in a matrimonial dispute involving allegations of dowry demands, mental illness, forced abortion, and harassment.

JUDGMENT

1. Applicants are apprehending their arrest in connection with Crime No.1 of 2022, registered with Sakri Police Station, Taluka Sakri District Dhule, for the offences punishable under Section 498A, 406, 313, 504, 506 read with 34 of the IPC.

2. Heard learned Advocate Mr. S. V. Suryawanshi for applicants and learned APP Mr. A. M Phule for respondent-State. In order to cut short, it is stated that both of them have made submissions in support of their respective contentions.

3. Informant is the daughter-in-law of applicants. Informant got married with the son of applicants on 25-06-2020. In the FIR she alleges that at the time of settlement of marriage, though it was stated that the boy is not serving anywhere, but promise was made that he would get a service in the near future. Because of the said representation, she gave consent, but in the same meeting applicant No.1 told the parents of the informant that they should give the amount of Rs.12 lakh as dowry, as they have requiring amount of Rs.25 lakh for getting a job for the bridegroom. Therefore, her mother had given cash of Rs.4 lakh, then she had transferred amount of Rs.30,000/- to the account of applicant No.1. Thereafter, the marriage was performed wherein gold ornaments were given to her. After the marriage, she realized within seven to eight days that her husband is taking some tablets before going to bed. When she asked, nobody told anything about it and she was scolded for that. But then she get the information from google that it is in respect of mental illness. When she made inquiry with her husband and mother-in-law, they had threatened her and asked her to keep quiet. According to her, her parents were called at Pachora on 17-10-2020 and some documents were got written from them, which was not allowed to be read by her. She then says that she became pregnant and was taken to Lilawati Hospital on 12-01-2021 and 20-01-2021. She then states that the other relatives of the husband were called and without giving much information to her, she was taken to hospital on 27-01-2021 for abortion. Because of the injection, she had lost her consciousness and when she regained, the doctor told that in view of the request by her parents-in-law, she has been aborted. After they went to the house, her parents were called. There were dispute between them, but they avoided to lodge report. She was asked to go along with the parents and threats were given. It is then stated that her gold and silver jewellery was taken by the accused persons. After she was driven out of the house, she lodged a report with the Women Cell at Dhule, where no settlement could take place, and therefore, she lodged the report on 01-01-2022.

4. Thus, the contents of the FIR would show that except Section 313 of IPC, for other sections, the directions of the Hon'ble Apex Court in Arnesh Kumar vs State Of Bihar reported in 2014 (8) SCC 273, would have been followed by the Investigating Officer. Only because Section 313 of IPC is punishable more than seven years, the apprehension of arrest is expressed by the applicants. As regards the said section also it is to be noted that there appears to be the matrimonial dispute going on between the informant and the son of the applicants, almost immediately after the marriage. Two notarized documents have been got executed on 15-07-2020 and 17-10-2020 wherein it appears that the informant and her parents, who were the signatories, had admitted certain contentions that is against the informant. Further, there is also What's App message showing that the informant was asking divorce from the son of the applicants. Further, the son of the applicants has also lodged two proceedings, one is Regular Criminal Case No.2 of 2022, before the Judicial Magistrate First Class, Pachora, under Section 109, 313, 315, 318, 465 read with 34 of IPC. Though it was lodged before the Judicial Magistrate First Class on 03-01-2022, there are recitals that he had given a written complaint