5052.2016 Cri.Appln.odt 3 B) The F.I.R., complaint, registered with Narsi (Namdeo) Police Station vide C.R.No.12/2016 under Section 498 (a), 323, 494, 504, 34 of I.P.C. may kindly be quashed and set aside.It is submitted by the learned counsel appearing for the applicants that, applicant no.1 is the husband of respondent no.2 i.e. complainant, and applicant nos.2 and 3 are in-laws of respondent no.2; while the rest of the applicants are brother-in-law and sister-in-law of the complainant.It is alleged in the FIR that, the complainant went to reside at village Atharwadi, though applicant no.1 is serving at Thane.It is alleged that, applicant no.1 did not take respondent no.2 at Thane and ask her to ::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 ::: 5052.2016 Cri.Reserved on : 17.04.2017 Pronounced on : 20.04.2017 JUDGMENT: (Per S.S.Shinde, J.):1. Heard.2. Rule.Rule made returnable forthwith, and heard finally with the consent of the parties.This Application is filed with the following prayer:::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::It is alleged by the complainant that, all the accused persons used to harass and ill-treat respondent no.2 for fulfillment of illegal demand of Rs.70,000/-.There are also allegation of instigation.It is submitted that, even if the allegations in the FIR are taken as it is, an ingredient to constitute an alleged offences under Sections 498A, 323, 494, 504 r/w.34 of the Indian Penal Code are not attracted.Only with a view to harass applicant no.1 and his relatives, respondent no.2 has lodged the First Information Report.It is further submitted that, so far as applicant no.4 - Ramkishan Natha More, applicant no.5 Ashok Natha More and applicant no.6 Laxmibai Ramkishan More are concerned, there are no allegations against them in the proceedings instituted under the Domestic Violence Act. It is further submitted that, ::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 ::: 5052.2016 Cri.The complainant started residing with her parents since 18th September, 2013, till date.The learned counsel appearing for the applicants invites our attention to the grounds taken in the application, and also annexures thereto and submits that, the application deserves to be allowed.::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::5052.2016 Cri.On the other hand, the learned APP appearing for respondent - State, relying upon the investigation papers and the allegations in the FIR, submits that, there are serious allegations.It is submitted that, though the marriage of applicant no.1 with respondent no.2 is subsisting; still applicant no.1 has performed marriage with applicant no.8, and therefore, there are allegations in the FIR, which would attract ingredients to constitute offence under Section 494 r/w.34 of the Indian Penal Code.Therefore, he submits that, the application may be rejected.The learned counsel appearing for respondent no.2 submits that, applicant no.1 with the consent and connivance of the other applicant nos.2 to 7 got married with ::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 ::: 5052.2016 Cri.Appln.odt 7 applicant no.8, though the marital tie between applicant no.1 and respondent no.2 is intact/in subsistence.Therefore, he submits that, the application may be rejected.::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::We have heard the learned counsel appearing for the applicants, learned APP appearing for the respondent - State, and the learned counsel appearing for respondent no.2 at length.We have carefully perused the allegations in the FIR, and we are of the opinion that, except applicant no.4 Ramkishan Natha More and applicant no.6 Laxmibai Ramkishan More, case of the other applicants deserves no consideration.So far as applicant no.4 Ramkishan Natha More and applicant no.6 Laxmibai Ramkishan More are concerned, there are no allegations either in the complaint instituted under the Domestic Violence Act by respondent no.2, and also in the complaint ::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 ::: 5052.2016 Cri.Appln.odt 8 filed on 21st November, 2013, before the District Women and Child Development Officer i.e. Women Grievance Redressal Cell.Upon careful perusal of the allegations in the FIR, there are omnibus and general allegations against the aforesaid two accused persons.::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::So far as other accused i.e. applicant nos.1 to 3, 5, 7 and 8 are concerned, as rightly submitted by the learned APP appearing for respondent - State and the learned counsel appearing for respondent no.2 that, during subsistence of marital tie between applicant no.1 and respondent no.2, there is an allegation in the FIR that, applicant no.1 has performed second marriage with applicant no.8 - Prajawati.Unless the investigation is taken to the logical end, the truth will not surface on record.::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::5052.2016 Cri.In that view of the matter, we are not inclined to entertain the application to the extent of applicant nos.1 to 3, 5, 7 andHence their application stands rejected.In the light of discussion in the foregoing paragraphs, the FIR vide Crime No. 12/2016, registered with Narsi [Namdeo] Police Station, for the offences punishable under Sections 498A, 323, 494, 504, 34 of the Indian Penal Code, to the extent of applicant no.4 Ramkishan Natha More and applicant no.6 Laxmibai Ramkishan More, stands quashed and set aside.This order will not preclude the applicants, ::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 ::: 5052.2016 Cri.Appln.odt 10 whose applications stands rejected from availing of an appropriate remedy in case the Investigating Officer, after completion of investigation, files report under Section 173 [2] of the Criminal Procedure Code.::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::

Sections cited: Section 498A in The Indian Penal Code, Section 494 in The Indian Penal Code, Section 323 in The Indian Penal Code, Section 504 in The Indian Penal Code, Section 34 in The Indian Penal Code