1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.603 OF 2009 1. Tarun s/o Gulzarilal Sharma, Age: 28 years, Occu. service, r/o Flat No.8, Plot no.R-91, Apulki Co-operative Society, Shahu Nagar, Chinchwad, Pune. 2. Gulzarilal s/o Bodhraj Sharma, Age 60 years, occu: Retired, R/o as above. 3. Usharani w/o Gulzarilal Sharma, Age: 55 years, Occu: Household, r/o as above. 4. Poonam w/o Aslam Baig, Age 30 years, Occu: Household, r/o as above. ...APPLICANT VERSUS 1. The State of Maharashtra Through Police Station, Vaijapur. 2. Sneha w/o Tarun Sharma, Age: 23 years, Occu: Household, r/o 2089, Frontier Cloth Store, c/o Kishor A.Punjabi, Tilak Road, Vaijapur, Tq. Vaijapur, Dist. Aurangabad. ...RESPONDENTS ... Mr. S.R.Dheple, Adv., for the applicant. Mrs. B.R.Khekale, APP for respondent/State. Mr. D.S.Manoorkar, Adv., for respondent no.2. ... 2 CORAM: K.U.CHANDIWAL, J. DATE: 20/8/2009 ------------------------ ... P.C.: 1. Heard Counsel. Rule. Heard forthwith with the consent of Counsel for respective parties. 2. By order dt.24.2.2009, application of applicant No.1 Tarun s/o Gulzarilal Sharma is rejected. The matter now revolves so far as applicant nos. 2 to 4 ( original accused). The applicant no.1 Tarun got married to respondent no. 2 Sneha. The relations still subsist. Sneha filed complaint before the learned Magistrate at Vaijapur being RCC No.498/2008, making allegations against original accused no.1 Tarun, applicant no. 3 Usharani and applicant no.4 Poonam that on 28.12.2008 they came to the house of the complainant's father at Vaijapur in a private jeep, started quarreling; the root cause was maintenance proceedings initiated by Sneha. The accused desired that Sneha should sign on a stamp paper. In the scenario, one of the accused slapped her, they abused her in filthy language. The wife Sneha claimed that she was ill-treated. There was cruelty at the behest of all the accused/applicants. In terms of Section 156(3) 3 Cr.P.C., the learned Judicial Magistrate, First Class, called report and then FIR, as stated above, vide Case No.1/2009, dt. 3rd Jan.,2009, is registered with Police Station, Vaijapur. 3. At this stage of the matter, without adverting to the merits and whether the facts disclose, as a whole, would indicate a cognizable offense, the Court will have to maintain a delicate balance between the judgment of acquittal or conviction and between lodging of FIR. The recourse to Section 482 Cr.P.C. should be of three guidelines as under: "(a) to make such orders as may be necessary to give effect to any order this Code, or (b) to prevent abuse of the process of any court or (c) otherwise to secure the ends of justice." 4. At this stage, learned Counsel, on instructions, withdraws the application. Allowed. Application disposed of accordingly. 5. Heard. Since applicant no.2 Gulzarilal 4 s/o Bodhraj Sharma is hospitalized, ad interim relief in terms of prayer clause (C) to him dt. 24th Feb.,2009, is extended till 28th August, 2009. Rule discharged. (K.U.CHANDIWAL) JUDGE ... agp/603-09crapl ...