Judgment :-

K.S. Radhakrishnan, J.

Leave granted

2. We are, in this case, concerned with an incident which happened in Flat No. 5, 2nd Floor, Goolestan, East Wing, Cuffe Parade, Mumbai, which led to the filing of a complaint alleging offences under Sections 294 and 504 IPC.

3. The Complainant (2nd respondent herein) is the sister-in-law of the accused, being the wife of the complainant’s brother. Complainant and her brother are the sole surviving heirs of their parents who are no more. Facts indicate that the father had the tenancy rights over the flat where the incident is alleged to have taken place.

4. Complaint Case No. 4701623/SS/11 was filed before the Additional Chief Metropolitan Magistrate, 47th Court at Esplanade Mumbai alleging offences punishable under Sections 298 and 504 IPC. Complainant stated that she moved into the above mentioned flat on 23.04.2011 along with her husband, her servants and necessary household belongings. Having come to know of the same, her brother along with accused came to India from USA and occupied one out of the four bedrooms in the flat and then indulged in several unlawful acts with a view to push the complainant out of the flat. On 8.5.2011, the