IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 119 OF 2020

1. Sayyed Lal Amir Sayyed Age: 52 years, Occu.: Labour, R/o. Shirasgaon, Tq.Shrirampur, Dist.Ahmednagar.

2. Aalim Sayyedlal Sayyed Age: 26 years, Occu.: Labour, R/o. Shirasgaon, Tq.Shrirampur, Dist.Ahmednagar.

3. Tayra Sayyedlal Sayyed Age: 50 years, Occ: Household, R/o. Shirasgaon, Tq.Shrirampur, Dist.Ahmednagar.

4. Raju Shaikhlal Shaikh Age: 45 years, Occ.: Business, R/o.Belapur, Tq.Shrirampur, Dist.Ahmednagar.

5. Shabana Raju Shaikh Age: 38 years, Occu.: Household, R/o. Belapur, Tq. Shrirampur, Dist.Ahmednagar.

6. Abdul Nasir Shaikh, Age: 30 years, Occu.: Business, R/o. Hamarapur, Tq.Shrirampur, Dist.Ahmednagar.

7. Jabina Abdul Shaikh Age: 27 years, Occu.: Household, R/o. Hamarapur, Tq.Shrirampur, Dist.Ahmednagar. … Applicants.

Versus

1. The State of Maharashtra Through Police Station Officer, Shrirampur City Police Station, Shrirampur, Dist.Ahmednagar.

2. Raheman Balambhai Shaikh Age: 54 years, Occu.: Business, R/o. Near Shirasgaon Masjid, Shirasgason, Tal.Shrirampur, Dist.Ahmednagar. … Respondents . . .

Mr.Shaikh Mazhar A.Jahagirdar, Advocate for Applicants.

Mr.M.M.Nerlikar, APP for Respondent No.1-State.

Mr.Shaikh Tarek Mobin H., Advocate for Respondent No.2 . . .

CORAM : SMT. VIBHA KANKANWADI AND ABHAY S. WAGHWASE, JJ.

DATE : 16th December, 2022 JUDGMENT (PER ABHAY S. WAGHWASE, J.) :

. By way of instant application, applicants herein, who are arraigned as accused in Crime No.196 of 2019, registered at Shrirampur City Police Station, Shrirampur District – Ahmednagar, for the offence punishable under Section 498-A, 306, 323, 504, 506 read with Section 34 of the Indian Penal Code, are praying for quashing the said crime and consequential charge-sheet arising out of it.

2. Brief background of the case :

Raheman Shaikh, father of deceased Aasma, approached Shrirampur City Police Station, Shrirampur, District Ahmednagar on 11-03-2019 informing about his deceased daughter to be married with Salim Sayyed Lal Sayyed on 08-05-2011. He has alleged that after two months of marriage, father-in-law brought his daughter to informant’s house levelling allegations that she was back answering and she was unable to do household work. Informant claims that after he enquired with his daughter, she told that her husband after getting drunk, abused her and beat her. Parents-in-law and brother-in-law also beat her and put up demand of Rs.50,000/-. On failure to meet such demand, she was driven out of the house. Getting fed-up of such ill-treatment, his daughter hanged herself on 10-03-2019 and committed suicide. Hence, the complaint.

3. In the backdrop of above complaint, Police registered Crime No.196 of 2019 for the aforesaid offences against present applicants and investigation was carried out. On conclusion of the investigation, charge-sheet came to be filed. It is this crime and consequential proceeding, which are now sought to be quashed by the applicants herein by praying to invoke inherent powers under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’).

Submissions

4. Learned Advocate for the applicants, after informing status of each of the applicants and their relation with the deceased, pointed out that marriage is apparently of 2011. Allegations are petty and general in nature. According to him, there was no demand, ill-treatment or taunting nor there was any physical of mental ill-treatment. He pointed out that behaviour of deceased herself was not proper. That, it is an attempt to falsely implicate husband and in-laws that too after more than 6 to 7 years of marriage. There was no demand and for what purpose amount was sought is also not stated in FIR. He pointed out that deceased repeatedly left the company of her husband and was required to fetch time and again. Taking us through the FIR, he pointed out that necessary ingredients for attracting offence under Section 498-A of Indian Penal Code (IPC) and more particularly, under Sectio