Vague allegations of cruelty under Section 498A IPC cannot sustain a case, especially post-dissolution of marriage, emphasizing the need for specific material particulars.

JUDGMENT :

Nandesh S. Deshpande, J.

1. Heard. Admit. Heard finally by consent of learned counsel appearing for the parties.

2. This is an application filed under Section 482 of the Criminal Procedure Code seeking quashing of First Information Report bearing No.581/2019, registered at Police Station Khamgaon City, District Buldhana against the applicants for the offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of the Indian Penal Code.

3. As per the averments in the application, the applicants have been arrayed as accused in the said crime which is registered on the basis of complaint lodged by non-applicant No.2 alleging therein that she got married with applicant No.1 on 13.1.2019 and thereafter started residing with applicants at Ambarnath, District Thane. The applicant No.1 is the husband, while applicant Nos.2 and 3 are the father-in-law and mother-in-law respectively of the applicant No.2. It is further alleged in the First Information Report that at the time of marriage father of the non-applicant No.2 gave an amount to the tune of Rs.71,000/- as “Var-dakshina” to the applicant No.1 along with golden chain and other ornaments. It is further alleged in the First Information Report that the non- applicant No.2 was treated well for 7 to 8 days, but the marriage between the applicant No.1 and the non-applicant No.2 did not consummate since the husband was used to be high after consuming certain medicines.

4. It is further stated in the First Information Report that when non-applicant No.2 revealed the same to the applicant Nos.2 and 3 and other accused, they asked her to keep mum about the fact. It was thereafter realized by the non-applicant No.2 that the applicant No.1 is undergoing treatment and when inquired from the said concerned doctor, she came to know that her husband was incapable of having physical relations with her. The non-applicant No.2 further alleges in the First Information Report that when confronted, the applicant No.3 beat the non-applicant No.2 and she was driven out of her matrimonial house on 24.9.2019. The complaints were filed thereafter before the Woman’s Grievance Cell, Khamgaon. However, no settlement was arrived between them. Based on the above mentioned allegations First Information Report came to be lodged on 26.11.2019 as stated above. It is this First Information Report which is challenged in the present application.

5. We have heard Mr. Ved Deshpande, learned counsel for the applicants and Ms. Shamsi Haider, learned Additional Public Prosecutor for the respondent No.1. Nobody appears for respondent No.2 in spite of service.

6. Learned counsel for the applicants submits that the allegations regarding impotency of the applicant No.1 are nothing but falsehood since he is a patient of depression and is being treated therefor. He took us through the medical reports filed with the application to buttress his submission. On the ground of ill-treatment, learned counsel for the applicants submits that the allegations are lacking material particulars apart from they being false. He submits that the applicants have been roped in only to harass the family. He further submits that during the pendency of the present application, the non-applicant No.2 had filed a Hindu Marriage Petition No.3/2022, under Section 13 of the Hindu Marriage Act, before the Civil Judge, Senior Division, Akola, which is decided on 2.5.2023. By taking us through the judgment in the said Petition, learned counsel for the applicants submits that divorce has been granted thereby dissolving the marriage between the applicant No.1 and non-applicant No.2. He, therefore, prays that the First Information