1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 846 OF 2010 Shaikh Wasim S/o Shaikh Gulam Jargar and others ..APPLICANTS -VERSUS- The State of Maharashtra and another ..RESPONDENTS ......... Mr. K.M. Nagarkar, advocate for applicants Mrs. B.R. Khekale, A.P.P. for respondent no.1 Mrs. A.N. Ansari, advocate for the respondent no.2 ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 1 st October, 2010. PER COURT : 1. This application is filed under Section 482 of the Criminal Procedure Code for quashing of F.I.R. No.79/2009 registered at City Police Station, Udgir for the offence under Sections 498-A, 323, 504, 506 r/w 34 of the Indian Penal Code. 2. Heard. 3. The learned A.P.P. makes a statement that the charge sheet is filed against the applicants after due investigation. It is stated that the criminal case is now scheduled for effective hearing. 2 4. Upon consideration of the submission of the learned Advocate for the applicants and on going through the recitals of the F.I.R. etc, it prima facie appears that wife of the applicant no.1 lodged the F.I.R. alleging that she was subjected to matrimonial cruelty by the applicants due to non fulfillment of unlawful demand of Rs.1,50,000/-. She narrated that on 13.02.2009, she was beaten up and ousted from the residential house of the applicants when she was carrying pregnancy of seven months. The learned Advocate for the applicants would submit that the applicant no.1 had given an application to the Women Grievance Cell, Beed about apprehended false complaint which his wife is likely to lodge. He would further point out that the applicant no.1 has filed civil suit for restitution of conjugal rights. At this stage, it would be premature to decide whether the complaint is ill-motivated and false or that it is based on the true allegation. The application is based on defences which the applicants seek to adopt during course of trial. The application can not be considered on basis of the statement made in the civil suit or other proceedings. No merits. Dismissed. (V.R.KINGAONKAR) JUDGE gas/cri846.10