IBRAHIM MOHAMMAD ISMAIL ZHAGDE Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2017-3-8
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on March 08,2017

Ibrahim Mohammad Ismail Zhagde Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

K.K.SONAWANE, J. - (1.) Rule. Rule made returnable forthwith. The matter is taken up for final hearing at the admission stage with consent of parties.
(2.) This application is moved by the applicants invoking remedy under section 482 of the Criminal Procedure Code (for short "Cr.P.C."), to quash and set aside the First Information Report (for short "FIR") bearing crime No. 58 of 2016 registered at Partur Police Station District Jalna for the offence punishable under sections 498-A, 494, 323, 504 and 506 read with section 34 of the Indian Penal Code (for short "IPC").
(3.) It has been contended that marriage of applicant No. 1 - Ibrahim Mohammad Ismail Zhagde was performed with respondent No. 2 - first informant - Rihana Begum on 29-10-2011. After the marriage, wife -Rihana Begum joined the company of husband - Ibrahim Mohammad. Initially, for about one and half years, the husband - Ibrahim Mohammad and inmates of matrimonial home treated, the first informant Rihana Begum in good manner. But, thereafter she was being harassed and maltreated for demand of Rs. 5,00,000/- (Rupees Five lakhs) to facilitate her husband - Ibrahim Mohammad to go to Dubai for employment. There were allegations of giving threat of second marriage of husband - Ibrahim Mohammad and on that count first - informant - Rihana Begum was subjected to cruelty. They used to hurl abuses and beaten up the first informant - Rihana Begum to fulfill their unlawful demand. She was also threatened to life on the part of applicants. Eventually, in the month of August, 2015, she was driven out of the matrimonial home after subject to mental and physical torture. Thereafter, she has filed complaint to the Police Women Cell against her husband - Ibrahim Mohammad, his mother and three maternal uncle. But, there was no response from them. It has been alleged that maternal uncle performed the second marriage of applicant No. 1 - Ibrahim Mohammad with one girl Tabassum daughter of their sister and sent her to Dubai for cohabitation with husband i.e. applicant - Ibrahim Mohammad. At last, the first informant - Rihana Begum W/o Ibrahim approached to the Police Station, Partur and lodged the FIR for the allegations of mental and physical torture, assault and criminal intimidation etc.;


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