Theapplicant No. 2 is the father-in-law of complainant, whereas, applicant No. 3 isher mother-in-law and the applicant Nos 4 and 5 are brothers-in-law.According to prosecution, after marriage, wife -Sarlabai joined the company of husband for cohabitation at Pimprala, Dist.She received proper treatment initially at her matrimonial home.Inthe year 2003, she gave birth to daughter Divya during wedlock.After aboutone and half year of the birth of daughter Divya, she was again pregnant forsecond time and since then the members of matrimonial home including in-laws, brothers-in-law and sisters in law started harassing her on trifle grounds.The in-laws and husband used to demand money for purchasing the motorcycle.The complainant made endeavour to convince the in-laws and husbandabout poor financial condition of her parents that time she was beaten up anddriven out of the matrimonial home.Thereafter, the husband, his maternalaunt and cousin brother came to complainant and after giving assurance, theytook back her for cohabitation.In the meantime, she gave birth to son -Premraj.But, her ordeal did not come to an end.Mr. Girish Nagori, Advocate for Applicants.ORAL JUDGMENT : [ PER K.K. SONAWANE,J] :-1. Heard.Rule is made returnable forthwith.Matter is taken up forfinality with the consent of learned counsel for parties.The applicants preferred present application under Section 482 of theCode of Criminal Procedure ("Cr.P.C.") seeking relief to quash and set aside theFirst Information Report ("FIR") bearing No. 80/2018 registered at RamanandPolice Station, Dist.Jalgaon for the offence punishable under Sections 498-A,323, 406, 504 and 506 read with Section 34 of the Indian Penal Code ("IPC").It has been alleged on behalf of prosecution that the first informant -complainant Sarlabai approached to the Police of Ramanand Police Station,Jalgaon on 16/5/2018 and ventilated the grievance that her marriage wassolemnized on 9/5/2002 with applicant No. 1 - Fakira Pandit Bhoi.After some days, she wasbeaten up by the in-laws on the ground that there was a lizard found in thefood cooked by her and again she was sent to her parents house.Thecomplainant stayed at parents home for some days, but the financial conditionof her parents was so critical, therefore, she on own volition returned tomatrimonial home for cohabitation.there was no change in the behaviourof members of matrimonial home.They used to beat her for satisfaction ofdemand of Rs. 5 Lakhs for construction business and for purchase ofmotorcycle.On 30th August, 2013, the husband of the complainant andbrothers in law forcibly taken away her girl with them.When she had been to ::: Uploaded on - 07/08/2019 ::: Downloaded on - 15/04/2020 05:02:50 ::: {4} crapln 1681.18.odtthe matrimonial home to take daughter back, the members of the matrimonialhome picked up quarrel with her.The brother in law - Maharu instigated thehusband of complainant to beat her, and due to instigation, the husband ofcomplainant dealt a blow of wooden log on her hand, which resulted intofracture injury to the complainant.The members of matrimonial homeincluding father in law, mother in law, brother in law assaulted her.Thebrother in law - Vijay Bhoi and sister in law Ashabai also gave fist blows on herchest and back.In the month of September, 2013, all the members ofmatrimonial home assaulted her, hurled abuses and for demand of moneydriven her out of the matrimonial home.Eventually, she approached to thePolice Station and filed report.::: Uploaded on - 07/08/2019 ::: Downloaded on - 15/04/2020 05:02:50 :::::: Uploaded on - 07/08/2019 ::: Downloaded on - 15/04/2020 05:02:50 :::Pursuant to FIR, Police of Ramanand Police Station registered the crimeand set the penal law in motion.Pending the investigation, applicants movedpresent application by invoking remedy under Section 482 of the Cr.P.C. forrelief to quash and set aside the penal proceeding initiated against them.Learned counsel for applicants vehemently submits that there were nophysical and mental cruelty to the complainant on the part of applicants.But,she has filed present penal proceeding with ulterior motive to harass theapplicants.There were no specific allegations about maltreatment and torturemeted out to the complainant - Sarlabai to attract the ingredients of Sections498-A, 406 etc. of IPC.He produced therelevant document on record.According to learned counsel, the complainant -wife is suffering from mental disease known as "paranoid schizophrenia".Theapplicant produced medical treatment of various doctors to the complainant.But all efforts did not yield result.All the allegations are vague and fabricatedone.The applicant Nos. 7 and 8 are residing separately.They are the distantrelatives and have no concern with the marital life of spouses.These applicantshave no reason to cause interference in the domestic problems of husband andwife.There was no direct and indirect involvement of applicant Nos. 7 and 8into the crime.::: Uploaded on - 07/08/2019 ::: Downloaded on - 15/04/2020 05:02:50 :::The learned APP as well as learned counsel for respondent No. 2-firstinformant vociferously opposed the contentions put-forth on behalf of ::: Uploaded on - 07/08/2019 ::: Downloaded on - 15/04/2020 05:02:50 ::: {6} crapln 1681.18.odtapplicants and submit that the allegations of ill treatment nurtured on behalf ofcomplainant in the FIR discloses commission of crime punishable underSections 498-A, 323, and 504 etc. of the IPC.The complainant categoricallydescribed the episodes of her maltreatment and torture at the hands ofapplicants.There were unlawful demand of money from the applicants forconstruction business and purchase of motorcycle.The respondent No.2 filedaffidavit-in-reply on record and submits that she filed the Regular Civil AppealNo.922 of 2017 against the impugned judgment and decree of dissolution ofmarriage passed by learned Civil Judge, Jalgaon.She has also filed proceedingunder Section 125 of Cr.P.C.::: Uploaded on - 07/08/2019 ::: Downloaded on - 15/04/2020 05:02:50 :::In such circumstances, we are unable to persuadeourselves to favour the applicant Nos. 1 to 6 in this proceeding.In so far as allegations nurtured against applicants No. 7 and 8 are ::: Uploaded on - 07/08/2019 ::: Downloaded on - 15/04/2020 05:02:50 ::: {7} crapln 1681.18.odtconcerned, we find that the allegations cast on behalf of complainant - Sarlabaiagainst sister-in-law and her husband are vague and general in nature.Thereare no specific allegations attributing overt-act of both these applicants tomaltreat and harass the complainant - Sarlabai.The only allegation againstapplicants No. 7 to 8 are that they had assaulted and hurled abuses tocomplainant and subjected her to cruelty.But, these are vague and generalallegations and no particulars are given in the FIR.The allegations aboutcruelty by these applicants are found stray and sweeping in nature.Theseapplicants are the distant relatives and residing separately from husband ofcomplainant and it is hard to believe that these applicants are the beneficiariesafter causing interference in marital affairs of the of spouses.They have noreason to torture the complainant without any purported motivation.::: Uploaded on - 07/08/2019 ::: Downloaded on - 15/04/2020 05:02:50 :::In the cases, where accusations aremade, the overt-acts attributed to persons other than husband, are required tobe proved beyond reasonable doubt.Their Lordships of Apex Court further ::: Uploaded on - 07/08/2019 ::: Downloaded on - 15/04/2020 05:02:50 ::: {8} crapln 1681.18.odtobserved that, "in their over-enthusiasm and anxiety to seek conviction formaximum people, the parents of the deceased have been found to be makingefforts for involving other relations which ultimately weaken the case of theprosecution even against the real accused."::: Uploaded on - 07/08/2019 ::: Downloaded on - 15/04/2020 05:02:50 :::The simplest way to harass is to get the husband and his relatives arrestedunder this provisions."::: Uploaded on - 07/08/2019 ::: Downloaded on - 15/04/2020 05:02:50 :::::: Uploaded on - 07/08/2019 ::: Downloaded on - 15/04/2020 05:02:50 :::It would be an futileefforts and would cause injustice to them if they are compelled to face agony oftrial before criminal court of Magistrate.The ends of justice would be served by ensuring that the applicants maynot be forced unnecessarily to go on litigations before the Criminal Court.Hence, penal proceeding initiated against these applicant Nos. 7 and 8 deservesto be quashed and set aside.Therefore, we proceed to pass following order :::: Uploaded on - 07/08/2019 ::: Downloaded on - 15/04/2020 05:02:50 :::The Criminal Application is allowed partly.2. Application in respect of applicants No. 1 to 6 stands disposed of as withdrawn.Criminal Application is disposed of in above terms.No order as to costs.::: Uploaded on - 07/08/2019 ::: Downloaded on - 15/04/2020 05:02:50 :::::: Uploaded on - 07/08/2019 ::: Downloaded on - 15/04/2020 05:02:50 :::

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