IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1282 OF 2009 1.Yakoob Dastgir Misrikoti 2.Farzana Dastgir Misrikoti 3.Smt. Chandbee Dastgir Misrikoti 4.Azad Dastgir Misrikoti 5.Smt. Zameela Dastgir Misrikoti 6.Mumtaz Dastgir Misrikoti ...Applicants Vs. The State of Maharashtra .. Respondent --- Shri Nitin H. Sejpal and Ms.Pooja Bhojne for Applicants Mr.D.P. Adsule, APP for the State ---- CORAM: V.M. KANADE J. DATED : 1ST APRIL, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants and the Learned APP for the State. 2. This is an application for anticipatory bail filed by the Applicants. The Applicant No.1 is the husband of the Complainant. A complaint was lodged on 18.2.2009 in which it was alleged that Complainant's husband, mother-in-law and sisters-in-law used to harass her on account of her infertility and, therefore, she had left the matrimonial house in October, 2008 and she was residing with her mother. Several attempts were made by her mother to persuade the Complainant's husband to take her back to the matrimonial house. However, that offer was not accepted and, therefore, this complaint was filed. 3. In the subsequent statement, it has been stated that her parents had given several articles to her husband during the marriage ceremony and these articles are being used by her sisters-in-law. In my view, prima facie, the said allegations does not attract an offence punishable under section 498A of the Indian Penal Code. Every quarrel between husband and wife does not come within the purview of section 498A. It is the well settled position in law that every quarrel between husband and wife does not come within purview of 498A and it is accepted as normal wear and tear of the marriage life. In the present complaint allegation of demand of dowry has not been made against the Applicants. Though, however, subsequent statement has been made in which she has made a statement that several articles given by her mother are still with the Applicants. Taking into consideration these allegations, even otherwise, the custodial interrogation of the Applicants is not necessary. 4. The Applicants, in the event of their arrest in connection with C.R. No.150 of 2009 registered with Mira Road Police Station for the offence punishable under sections 498A, 504 r/w. 34 of the Indian Penal Code, shall be released on bail in a sum of Rs.5,000/- each with one or two securities in the like amount. Initially, the Applicants shall report to the concerned police station for a period of 3 days from 6th April, 2009 between 11 a.m. to 2 p.m. and, thereafter, as and when called. 5. Application is disposed of. V.M. KANADE J.