1 Cri.Appln.No.129/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.129/2010 1) Laxminarayan s/o Chotelal Rathod and another ­ APPLICANTS VERSUS 1) The State of Maharashtra and others. ­ RESPONDENTS ***** Mr.Abhishek Kulkarni, Advocate for Applicants; Mr.PP More, APP for State. Mr.BV Dhare, Adv. For Resp.no.2. ­­­­­ CORAM : K.U.CHANDIWAL, J. DATE : 27th June, 2011. PER COURT : 1) Heard learned Counsel for the parties finally. 2) In a Matrimonial discord between Smt. Meera and Suresh, the couple, several prosecutions have been initiated. HMP moved by the husband, seeking restitution of conjugal rights was decreed on 2nd January, 2009. Wife Smt. Meera moved a petition under Section 125 Cr.P.C. for maintenance against her husband Suresh, in which there operates an Award of 2 Cri.Appln.No.129/2010 maintenance, which is scrupulously complied with by the husband/applicant. Thereafter on 2nd April, 2009, FIR, vide Crime No.42/2009 was registered at MIDC Waluj police station, Aurangabad, against the husband, other relations including Laxminarayan Rathod and Rukhminbai Rathod for an offence under Section 498A, 504 r/w 34 of Indian Penal Code. 3) On going through the entire text of the material placed before me, including the investigation papers, I find there is no reference anywhere as to involvement of Applicant No.2 ­ Rukhminbai Rathod, maternal aunt of Suresh Rathod, being instrumental in humiliating the complainant ­ Meerabai on any count. The question of demand of Rs.30,000/­ could not be attributable to Smt. Rukhminbai Rathod. Consequently, the FIR to the extent of Smt. Rukhminbai Rathod warrants interference and consequently set aside. It follows the prosecution (RCC No.573/2011) initiated against Rukhminbai Rathod, is quashed and set aside. 4) So fas as applicant no.1 ­ Laxminarayan Rathod is concerned, there is a reference of his beating the complainant, on oath in affidavit, in paragraph 5 of the maintenance petition No. 626/2007 and at three other places, consequently, 3 Cri.Appln.No.129/2010 the FIR to remain in force to the extent of Laxminarayan Rathod. 5) Criminal Application is partly allowed in the aforesaid terms. ( K.U.CHANDIWAL ) JUDGE bdv/