vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1497 OF 2007 WRIT PETITION NO.1497 OF 2007 WRIT PETITION NO.1497 OF 2007 Suresh Singh Dharam Singh Chitodia & Ors. ... Petitioners V/s. State of Maharashtra & Anr. ... Respondents Mr.A.K. Apte for Petitioners Mr.P.A. Pol, APP, for Respondent-State Mr.M.S. Karnik for Respondent No.2 CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: APRIL 22, 2008 APRIL 22, 2008 APRIL 22, 2008 P.C.: P.C.: P.C.: . This petition seeks to quash and set aside the proceedings in Criminal Case No.719/PW/2006 initiated vide MCR No.1/2006 in Navghar Police station, Mumbai. This complaint has been lodged alleging that the petitioners have committed offences u/s 498A, 406, 323, 509, 504, 506(2) r/w 34 of the Indian Penal Code. The contention of the petitioners is that the respondent No.2 never stayed in the matrimonial home after the marriage and, therefore, the question of harassing her or demanding any amount from her did not arise. It has also been contended that neither the petitioners nor the respondent No.2 stayed in Kalyan at any point of time; only the marriage was solemnised at Kalyan. 2. All these issues are questions of fact which : 2 : would have to be proved before the Metropolitan Magistrate. In these circumstances, I do not think it appropriate to quash the proceedigs before the learned Magistrate. Petition rejected.