IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 1198 OF 2007 Rajnikant Nemchand Lodaria & Ors. ..Petitioners. Vs. The State of Maharashtra & Anr. ..Respondents. Mr Rajendra Pai a/w Sanjeev P Kadam,Advocate for the Petitioners. Mr Subodh Desai, for Respondent No.2. Ms P.P.Shinde, A.P.P. for the State. CORAM : A.R. JOSHI,J. CORAM : A.R. JOSHI,J. CORAM : A.R. JOSHI,J. DATED : 26th March,2009. DATED : 26th March,2009. DATED : 26th March,2009. P.C.:- P.C.:- P.C.:- 1. By this petition, preferred under Article 226 and 227 of the Constitution of India and also as per the provisions of Section 482 of the Code of Criminal Procedure (Cr.P.C. for short), the petitioners, in-laws and sister-in-law of respondent no.2 woman prayed for quashing of the F.I.R. lodged against them vide C.R. No. 128 of 2006 registered with V.P. Road Police Station, Mumbai. Out of the said C.R., C.C. No. 321/PW/2005 is pending on the file of the learned Addl. Chief Metropolitan Magistrate, 4th Court, Girgaum Mumbai (the Trial Magistrate for short). 2. Heard the learned counsel for the parties. Learned counsel for the petitioners has referred to the following authorities: (1) 2005 ALL MR (Cri) 828 (S.C.) (1) 2005 ALL MR (Cri) 828 (S.C.) (1) 2005 ALL MR (Cri) 828 (S.C.) Mohd.Shamim & Ors. Vs. Nahid Begum Mohd.Shamim & Ors. Vs. Nahid Begum Mohd.Shamim & Ors. Vs. Nahid Begum & Anr. & Anr. & Anr. (2) 2007 ALL MR (Cri) Journal 156 (2) 2007 ALL MR (Cri) Journal 156 (2) 2007 ALL MR (Cri) Journal 156 (Allahabad High Court) (Allahabad High Court) (Allahabad High Court) Kapil Kumar Goyal & Ors. Vs. State Kapil Kumar Goyal & Ors. Vs. State Kapil Kumar Goyal & Ors. Vs. State of U.P. and Anr. of U.P. and Anr. of U.P. and Anr. (3) 2005(5) ALL MR (S.C.) 982 (3) 2005(5) ALL MR (S.C.) 982 (3) 2005(5) ALL MR (S.C.) 982 Sushil Kumar Sharma vs. Union of India Sushil Kumar Sharma vs. Union of India Sushil Kumar Sharma vs. Union of India and Ors. and Ors. and Ors. 3. The learned counsel for the petitioners strongly canvassed that this Court can go into the legality or otherwise and efficacy of the grounds for lodging the F.I.R. and also can quash the said F.I.R. 4. The learned Advocate for Respondent No.2 Shri Subodh Desai submitted that investigation is already over and charge sheet is already filed. He submitted that the matter is pending before the concerned Trial Magistrate. 5. During the arguments, it is submitted on behalf of the petitioners that virtually the matrimonial disputes and certain family property matters were amicably settled between them and respondent no.1, their daughter-in-law. However, only in order to harass them a complaint for taking action u/s. 498-A of the I.P.C. was initiated by her. 6. After going through the ratio propounded by the authorities submitted on behalf of the petitioners and considering the factual position in the present matter and as to the completion of investigation and pendency of the trial before the learned Metropolitan Magistrate Court, which is presently stayed by the order of this Court, in the opinion of this Court there is nothing to pass any orders as prayed as to quashing of the F.I.R. and quashing the entire proceeding in C.C. No.321/P/05. 7. Needless to mention that if the petitioners are aggrieved regarding false charges made against them, ample opportunity would be available to them when the charges would be framed. 8. In view of this order, present criminal writ petition is dismissed and disposed of. (A.R.JOSHI,J.) (A.R.JOSHI,J.) (A.R.JOSHI,J.)