IMPORTANT POINT
The court established that allegations under Section 498-A IPC must be substantiated with credible evidence, and repeated allegations without new evidence, especially after an acquittal, can constitute an abuse of the legal process.

JUDGMENT

Dr Neela Gokhale, J. - The Applicants seek quashing of all the proceedings in R.C.C.No. 2018 of 2013 pending before the Judicial Magistrate First Class ('J.M.F.C.'), Pimpri, Pune arising out of C.R.No. 0 of 2012 initially registered with the Satara Police Station on 9th November 2012 and subsequently transferred to the Sanghvi Police Station, Pune and renumbered as C.R.No. 396 of 2012 on 10th November 2012 filed by the Respondent No.2 ('Original complainant') against the Petitioners herein.

2. The First Applicant is the husband of the complainant. The second, third and fourth Applicants are the mother and two aunts of the Applicant No.1 respectively.

3. This is yet another case where welfare provisions such as Section 498-A etc., of the Indian Penal Code, 1860 enacted to address dowry related harassment and other forms of cruelty, both physical and mental have been misused to harass the in-laws by roping them in a false case. Setting into motion law enforcement machinery leads to serious consequences for innocent family members. Elderly parents, siblings, and distant relatives of the accused are often implicated in the complaint without direct involvement. This case is an example where the complainant and her family members have violated the sanctity of law enforcement agency and even made mockery of the judicial system.

4. The facts in brief reveal, registration of a F.I.R. by the complainant's father in the year 2006 in Satara registered as a zero F.I.R., later transferred to the Khadki Police Station on 15th May 2006 and renumbered as C.R.No. 113 of 2006. Police investigated the matter, recorded statements of complainant and her family members and filed their final report. Trial was conducted by the Judicial Magistrate First Class, Khadki Pune. During the pendency of the trial, the Applicant No.1 filed a Petition for Restitution of Conjugal Rights under Section 22 of the Special Marriage Act, 1956 in the Family Court, Pune. As per procedure, the Family Court conducted counselling of the parties and the parties agreed to settle the matter. complainant resumed cohabitation with the Applicant No.1 and the case was disposed. Similarly, the complainant deposed in favor of the Applicant No.1 before the J.M.F.C., Khadki in the R.C.C.No. 100 of 2006 and made categoric statements that there was no ill-treatment meted out to her by the Applicant No.1 or his relatives. Her father also deposed that there were misunderstandings between the families leading to filing of the criminal case. Appreciating the evidence that was adduced in the matter, the J.M.F.C., Khadki, by its Judgment and Order dated 29th November 2007 acquitted the Applicants in the said criminal case and R.C.C.No. 100 of 2006 was closed. The complainant and the Applicant No.1 resided together for a period five years thereafter without any complaint.

5. Five years later, the complainant once again makes another F.I.R. against the same Applicants (except the father of the Applicant as he expired in interregnum) in the Satara Police Station registered as 0 of 2012 on 9th November 2012 subsequently transferred to Sanghvi Police Station, Pune registered as C.R.No. 396 of 2012 on 10th November 2012 under the same provisions of Sections 498-A, 323, 504 and 506 read with Section 34 of the I.P.C. The allegations are similar to those made in the earlier CR No. 113 of 2006. As discerned from the present F.I.R., complainant alleges that, the Applicants have treated her with mental and physical cruelty. They refused her medication to treat a thyroid problem that she suffers. Her husband never gave her money for household expenses and also withdrew money that her father had given her for medication by using her ATM card. She also alleged that the Applicant No.1 had converted her to Christianity and forbade her to wear Kumkum on her forehead and generally to follow Hindu religious and cultural customs. The Applicants used to abuse her father in filthy language. They also starved he