1 cr-apln-4067-10 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. APPLN. NO. 4067 OF 2010 Dr. Chandrasekhar Ramanlal Gujarathi & Ors. ..Applicants Vs. State of Maharashtra ..Respondent .... Smt. Sharmila Kaushik i/b R.Sathyanarayanan Adv. for applicants Mr. S.A.Shaikh APP for State .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : OCTOBER 26, 2010 P.C.: 1 Heard the learned advocate for the applicants and the learned APP for the State. 2 The applicants are seeking quashing of FIR No. 399 of 2009 of Sahkar Nagar Police Station, Pune. It is under Sections 498-A r.w. 34 of IPC. The first informant Priti was married to Siddharth who is son of applicant nos.1 and 2. Applicant no.3 is the brother of Siddharth. The learned advocate for the applicants submitted that Priti was residing along with her husband at Pune whereas all the applicants were residing 2 cr-apln-4067-10 in Nasik. As the applicants were residing far away in Nasik, it is not possible that the applicants could have caused any harassment or cruelty to Priti who was residing in Pune. 3 I have perused the FIR. In the FIR, Priti has stated that immediately after her marriage, she went to reside at Nasik. Thereafter, she and her husband shifted to Pune. However, after sometime her father in law, mother in law and brother in law i.e. present applicants left their house at Nasik and came to reside with them in Pune. The applicants were harassing her in connection with the purchase of a flat. Priti has specifically stated that her father in law, mother in law and brother in law used to harass her and ill-treat her on various grounds. She has further stated that her in laws started harassing her on the ground that she should pay money for the education of her brother in law and for repairs of house at Nasik. Priti has specifically stated that all the applicants used to harass and ill-treat her on various grounds. Thereafter, she has stated that in the month of July, when she went to Nasik, the applicants did not take her in the house instead they abused her and told her to get Rs. 1 lakh. Thereafter, she went to the house of her parents. 4 The learned advocate for the applicants submitted that Priti left her matrimonial house in March, 2009. Thereafter, her husband 3 cr-apln-4067-10 gave a notice to her regarding dissolution of marriage and on account of this notice, she has filed a false FIR on 17.10.10. As far as this aspect is concerned, it is seen that Priti has left the house of the applicants on account of ill-treatment and harassment by the applicants. On perusal of the FIR, prima facie offence under Section 498-A of IPC is made out. Hence, no case is made out for quashing. 5 Application is rejected. [ SMT. V.K.TAHILRAMANI, J.]