(1) CRI.APP. 3462.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3462 OF 2010 Miraji Bhausaheb Salve and others .. Applicants VERSUS The State of Maharashtra and anr. .. Respondents ... Mr. K.N. Lokhande, Advocate for the Applicants Mr. V.D. Godbharle, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 22ND OCTOBER, 2010 ORAL ORDER:- 1. By this Application, the applicants seek quashing of the proceedings of complaint Application bearing RCC no. 45 of 2010 registered by the learned Judicial Magistrate (F.C.) for offence under section 498-A, 323, 504 and 506 r/w. 34 of the Indian Penal Code on basis of Private Complaint Application filed by the respondent no.2. 2. Having heard learned Advocate for the applicants and on consideration of the record, it appears that the Private Complaint Application of the respondent no.2 was referred by the Magistrate under (2) CRI.APP. 3462.2010 section 156(3) of the Code of Criminal Procedure to the concerned Police Station for investigation. The investigation is not yet completed. The case of the applicant is not yet completed. The case of the applicants is that they are falsely implicated in the alleged charge of matrimonial cruelty and assault though they were not present at the place of incidence. They alleged that the criminal proceedings are initiated just to harass them and cause their humiliation. 3. The applicants are granted anticipatory bail by this Court while order dated 28th July, 2010 and now they are also released on bail. If any chargesheet is filed, the applicants are at liberty to apply for discharge before the learned Magistrate. At this juncture, when prima facie there appears that the investigation process is going on, the proceedings cannot be quashed on basis of mere defence of alibi as raised by the applicants. 4. The legal position is well settled. The invocation of powers under section 482 of the Code of Criminal Procedure is rather extra-ordinary remedy (3) CRI.APP. 3462.2010 available when there is substantial reason to assume that continuation of the proceedings will amount to abuse of the legal process. No case made out. The Application is dismissed with liberty to apply for discharge from the criminal case, if the applicants are able to make out good ground. Sd/- [V. R. KINGAONKAR, J.] arp