1 Cri.Appln.No.1437/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1437/2011 1) Prakash Sambhaji More and Ors. = APPLICANTS VERSUS 1) The State of Maharashtra and Anr. = RESPONDENTS Mr.RM Deshmukh, Adv. for Applicants; Mr.NB Patil, APP for State CORAM : A.H.JOSHI & A.R.JOSHI,JJ. DATE : 24th August, 2011. PER COURT : 1) Heard learned Advocate Mr. Deshmukh for the petitioners. 2) By this petition, the petitioner are praying for quashing of F.I.R., under which, Crime No.10/2011 of Dhule City Police Station, is registered in relation to the offences under Sections 498-A, 406 r/w Section 34 of the Indian Penal Code. 3) According to the petitioner, the complaint is based on false assertions. He further asserts that the complainant is not his wife and has lodged a false and vexatious complaint. 4) The petitioner relies on the version that he 2 Cri.Appln.No.1437/2011 had served a notice to the respondent no.2 refusing to succumb to the insistence of the respondent No.2 for certain relationship, and claims that the respondent No.2 had even failed to reply and/or respond the said notice. 5) He then contends that he had legally wedded to one Surekha and is leading happy matrimonial life with two children. 6) The petitioner wants that from what is represented by him, this Court should at the threshold hold that the complaint filed by the respondent is false and be dismissed. The facts claimed by petitioner in shield to the complaint of the Respondent No.2 need to be decided after conducting an investigation by the police. 7) Therefore, in this petition, we are not satisfied that there is a case for grant of any indulgence. 8) The petition is rejected. (A.R.JOSHI,J.) (A.H.JOSHI,J.) bdv/