IMPORTANT POINT
The court reaffirmed that inherent powers under Sec. 482 of Cr.P.C. can be invoked to quash proceedings when allegations lack sufficient evidence, thereby preventing abuse of the legal process.

JUDGMENT/ORDER

ABHAY S.WAGHWASE,J. - In-laws of respondent no.2 complainant are seeking exercise of powers under Sec. 482 of the Code of Criminal Procedure (Cr.P.C.) for quashing FIR bearing No. 222 of 2018 registered at Ambhora Police Station, Tq. Ashti, Dist. Beed, which was registered for offence punishable under Ss. 498-A, 323, 504, 506 read with Sec. 34 of Indian Penal Code (IPC).

2. According to respondent no.2, after her marriage with non applicant husband Akash, she went to reside with him and in-laws who were residing jointly. She has alleged that after two months of cohabitation and stay with husband and in-laws, she was subjected to mental and physical cruelty on petty counts. There used to be taunting and comments, saying that, she is not fit to be daughter-in-law of their house. She has alleged that nobody talked to her and whenever she attempted to do so, she was insulted. According to her, one day, all in-laws i.e. husband, parents-in-law and brothers-in-law told her that she should arrange Rs.20.00 lakh for purchasing a flat at Chembur and also Rs.10.00 lakh for setting up a petrol pump at Sabalkhed. They also said that if the amount is not arranged, she should take that she cannot cohabit. She has alleged that, mother-in-law use to instigate husband and brothers-in-law to give beating to her if she failed to bring money. Moreover, that when her husband and in-laws came at Sabalkhed, they complained that her mental treatment is going on and that this aspect was suppressed from them, and thereafter, they again demanded Rs.30.00 lakh and on failure, threatened not to allow complainant to return for cohabitation. She has alleged beating at the hands of husband for failure to bring money and that she was forcibly dropped at her parent's house. While she was made to stay at Sabalkhed and that time she was kept alone and moreover kept starved. She has alleged that nephew of father-in-law, namely Yogesh Dadasaheb Ekshinge (Accused No.7), Dadasaheb Baburao Ekshinge (Accused No.8) and Padminibai Dadasaheb Ekshinge (Accused No.8) also talked to her in filthy language and also uttered about her infidelity and as ill-treatment became severe, she was brought to her parent's house and hence she has implicated names of her husband and inlaws. On the strength of above complaint, police have investigated the crime and charge-sheeted accused persons and such crime and charge-sheet is now sought to be quashed and set aside by exercising the powers under sec. 482 of Cr.P.C.

3. We have heard both sides at length.

4. Husband is not before this court. At the admission stage, when this Court expressed disinclination to grant any relief to applicant Nos.1 and 2 i.e. parents-in-law, learned counsel for the applicants, on instructions, has already withdrawn the instant proceeding to their extent. Therefore, the proceedings to the extent of applicant Nos.3 to 7 have only remained for consideration.

5. According to learned counsel for applicant, complaint is patently false. There was no ill-treatment, demand, taunting as alleged in the complaint. On the contrary it is submitted that complainant was mentally disturbed and this fact was kept hidden from them. Her behaviour and conduct was improper. It is pointed out that parents and relatives of respondent no.2 themselves used to issue threats and enter the house and beat applicants. Complaints to that extent were also lodged at police station. Learned counsel invited our attention to the complaints at Exhibit-'C'. For above reasons, it is submitted that the instant complaint is false, afterthought and with the sole intention of harassing husband and in-laws.

6. On behalf of State, the learned APP would point out that applicants are named in the FIR. There are allegations of demand of Rs.30.00lakh for purchase of flat as well as setting up a petrol pump. He submitted that roles of husband and in-laws are clearly defined, and therefore, there is sufficient material for trial, and hence, he prays to