appln-1104-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.1104 OF 2022

1.

Chaitanya s/o Gangadhar Joshi

2.

Gangadhar s/o Kamlakar Joshi

3.

Vibha w/o Gangadhar Joshi

4.

Vaishali d/o Gangadhar Joshi

5.

Rupali d/o Gangadhar Joshi

.. Applicants

Versus

1.

The State of Maharashtra,

Through Police Station,

Sailu, Dist. Parbhani

2.

Rutuja Chaitanya Joshi

.. Respondents

...

Mr. A. S. Deshmukh, Advocate for applicants.

Mr. R. D. Sanap, APP for respondent No.1 - State.

Mr. M. P. Tripathi, Advocate for respondent No.2.

...

CORAM : SMT. VIBHA KANKANWADI AND

ABHAY S. WAGHWASE, JJ.

DATE : NOVEMBER 30, 2022.

ORDER :- [Per Smt. Vibha Kankanwadi, J.]

.

Present application has been filed by invoking the inherent

powers of this Court under Section 482 of the Code of Criminal

Procedure for quashing the FIR bearing Crime No.384 of 2021

registered with Sailu Police Station, Dist. Parbhani on 25.12.2021

for the offence punishable under Sections 323, 498-A, 504, 506

read with Section 34 of Indian Penal Code (for short "IPC") as well

(1)

appln-1104-2022.odt

as the Charge-sheet No.80 of 2022 filed before the learned Judicial

Magistrate First Class, Sailu.

2.

Applicant Nos.1 is the husband of respondent No.2. Applicant

No.2 is the father-in-law of respondent No.2. Applicant No.3 is the

mother-in-law of respondent No.2 and applicant Nos.4 and 5 are

the sisters-in-law of respondent No.2.

3.

Heard learned Advocate Mr. A. S. Deshmukh for the

applicants, learned APP Mr. R. D. Sanap for respondent No.1 - State

and learned Advocate Mr. M. P. Tripathi for respondent No.2.

4.

The informant - respondent No.2 lodged report with Sailu

Police Station, Dist. Parbhani on 25.12.2021 against the present

applicants stating that the marriage of the informant was performed

with applicant No.1 on 14.05.2019 as per Hindu rites and customs

at Sailu. At the time of marriage, her parents gave 20 gm. Gold

and Rs.2,00,000/- cash as dowry as well as necessary items for the

house. After the marriage, she resided at her matrimonial home at

village Wakad Tq. Risod for one month. Thereafter, she along with

her husband went to Akola, where her husband was serving. Out of

the said wedlock, she had begotten one daughter namely Dnyanda.

It is further stated that after the marriage all the applicants used to

harass the informant physically and mentally on one or the other

(2)

appln-1104-2022.odt

pretext. It is further stated that applicant No.1 and his family has

about 28 acres of land which is of good quality. The financial

condition of the father of the informant is not good. Applicant

Nos.4 and 5 used to say to the informant that she should not have

married to their brother as her family is not financially good as

compared to their family. Thereafter, it is stated that applicants

used to ask her to bring amount of Rs.5,00,000/- from her parents

for construction of house at Akola and on that count, applicants

used to harass her physically and mentally. They used to abuse her

and starve her. Applicant No.1 always used to say that he don't like

him. Whenever she used to talk to her parents about the

harassment by applicants, they used to persuade the applicants.

Thereafter on 16.03.2020, the informant gave birth to a girl child at

Sailu. All the applicants abused the father of the informant by

saying that why did she given birth to a girl child. It is further

stated that the parents of the informant sent her to village Wakad

to cohabit with her husband. Thereafter, for some days, she was

treated properly. Then again they started harassing her. It is

further stated that in November 2020, applicant No.1 taken her to

cohabit, but he never treated her as wife. On 05.02.2020,

applicants drove her out of the house on the ground that why she

didn't bring Rs.5,00,000/- and then abused her, assaulted her and

haras