CriAppln-632-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 632 OF 2022

1.

Atmaram Narayan Mule,

(Father-in-law)

Age : 53 Years, Occu. : Agri.,

R/o. At Post Limba Ganesh

Taluka & Dist. Beed.

2.

Daivashali W/o Atmaram Mule

(Mother-in-law)

Age : 50 Years, Occu. : Household,

R/o. At Post Limba Ganesh

Taluka & Dist. Beed

3.

Shivram Atmaram Mule

(Brother-in-law)

Age : 24 Years, Occu. : Education,

R/o. At Post Limba Ganesh

Taluka & Dist. Beed.

Presently R/o. Sur. No.38/39,

Sopan Bag, Matoshri – Niwas,

Chinchwade Nagar, Pune.

4.

Sanjay Atmaram Mule

(Brother-in-law)

Age : 30 Years, Occu. : Govt. Service,

R/o. Sur. No. 38/39, Sopan Bag,

Matoshri – Niwas, Chinchwade Nagar,

Pune.

5.

Ashvini Sanjay Mule

(Wife of brother-in-law)

Age : 25 Years, Occu. : Household,

R/o. Sur. No.38/39, Sopan Bag,

Matoshri-Niwas, Chinchwade Nagar,

Pune.

… Applicants.

(Orig. Accused)

Versus

1.

The State of Maharashtra,

Through Police Station Officer,

Ambad Police Station, Ambad

Taluka : Ambad, District : Jalna

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2.

Priyanka W/o Samadhan Mule

@ Priyanka D/o Laxman Munjal,

Age : 28 Years, Occu.: Household,

R/o. Limba Ganesh

Taluka & Dist. Beed,

Presently R/o. Raut Nagar, Nutan Vasahat,

Ambad, Tq. Ambad & Dist. Jalna

… Respondents

(Orig.Complainant)

. . .

Mr. Shrimant Mundhe, Advocate for Applicant.

Mr. S. J. Salgare, APP for Respondent No.1-State.

Mr. R. V. Gore, Advocate for Respondent No.2.

. . .

CORAM : SMT. VIBHA KANKANWADI AND

ABHAY S. WAGHWASE, JJ.

DATE : 02^nd DECEMBER 2022

JUDGEMENT (ABHAY S. WAGHWASE, J.) :

1.

Father-in-law, mother-in-law, brothers-in-law and wife of one

brother-in-law of respondent No.2 - Priyanka Mule, by invoking section 482 of

Cr.P.C., have prayed for quashing crime bearing No. 685 of 2021 and the

consequential criminal proceeding bearing R.C.C. No.76 of 2022.

Brief background of the case

2.

Respondent No.2-Priyanka Mule approached Ambad Police

Station informing about her marriage with non applicant – Samadhan on

11.01.2019. According to her, because of minor quarrel she and her husband

went to Pathankot at Punjab, but after going there, her husband used to

consume liquor and taunt her that she did not do any work. She was

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continuously beaten, abused and subjected her to mental cruelty. She alleges

that her father-in-law approached her father complaining that since marriage

his son is not meeting his financial needs. She has alleged that her mother-in-

law, brothers-in-law and wife of brother-in-law also complained that since

marriage husband was not sending money to them and were instigating him to

leave her. She has also alleged that they instigated him continuously and her

husband put up a demand of Rs.2,0,0000/- as an amount towards unpaid

dowry. With such allegations, she lodged FIR and on the strength on the

same, police registered crime bearing no.0685 of 2021 for above offences.

3.

Parents-in-law, brothers-in-law and one sister-in-law are seeking

nullification and quashment of the said FIR and the charge-sheet that followed

by invoking section 482 of Cr.P.C.

4.

As inherent powers of this Court under section 482 of Cr.P.C. are

invoked, law on this point is required to be briefly discussed as to when such

powers can be exercised.

As to when powers under Section 482 of Cr.P.C. can be exercised

is fairly settled by slew of judgments including Inder Mohan Goswami and

Anr. Vs. State of Uttaranchal and Ors. ; (2007) 12 SCC 1 and Mahendra K.C.

Vs. State of Karnataka and Another ; (2022) 2 Supreme Court Cases 129.

5.

In the light of above settled legal position if we visit the complaint

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in hand, it is emerging that marriage of non applicant – husband and

respondent No.2 was performed in the year 2019. On going through the entire

FIR, initially it seems that on the count of marital discord in the house,

responden