Maroti vs State of Maharashtra

B.P. Dharmadhikari, J.(Oral)—Heard Shri Patil, learned counsel for the applicants, Shri Thakare, learned APP for non-applicant No. 1 and Smt. Deshpande, learned counsel for non-applicant No. 2.

The prayer of five applicants before this Court in present matter is to quash and set aside Domestic Violence Case No. 254 of 2014 pending on the file of the Chief Judicial Magistrate, Amravati and Criminal Complaint Case No. 120 of 2015, also pending before the very same Court.

This Court has on 07.10.2015, while issuing notice in the matter, stayed the proceedings in both matters.

The short submission of Shri Patil, learned counsel, is in Domestic Violence case as also in Criminal Complaint Case, the complainant � non-applicant No. 2 has joined her husband, his parents as party respondents. Along with them, the present applicants who are not relatives of husband have also been impleaded. He points out that as per allegations, applicant No. 4 is alleged to be having extra marital relations with her husband and applicant Nos. 1 & 2 are her parents. Applicant No. 3 is her married sister while applicant No. 4 is her married brother. He also states that non-applicant nowhere pleads that her husband has been staying with the applicants and she has been staying with her husband as a part of their family.

The learned APP submits that on the basis of complaint as filed, appropriate steps have been taken. He is relying upon reply affidavit.

Smt. Deshpande, learned counsel for respondent No. 2 is also relying upon the reply affidavit. She submits that relations between her husband and applicant No. 4 can be proved at appropriate juncture in the proceedings before the lower court.

The provisions of Section 498-A of Indian Penal Code as also the provisions of Protection of Women from Domestic Violence Act, 2005, contemplate action against the husband and his relatives. It is obvious that the applicants do not fall in that category.

In this situation, cognizance of Domestic Violence Case No. 254 of 2014 or then Criminal Complaint Case No. 120 of 2015 and FIR registered vide Crime No. 125 of 2015 as against the applicants is unsustainable. Therefore, we quash and set aside the cognizance already taken to that extent.

Accordingly, we make the rule absolute in terms of prayer clauses (a) and (b) of the application qua these applicants. Criminal Application is partly allowed and disposed of.

Needless to mention that the proceedings can continue against the husband and his parents.