ABHISHEK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Bhawna, the second respondent in Criminal Appeal No. 1456 of 2015, married Nimish Gour in the year 2007. He, however, secured a decree of divorce on 5/9/2019 dissolving their marriage. Bhawna preferred First Appeal No. 1876 of 2019 against the said divorce decree and the same is stated to be pending consideration before the Madhya Pradesh High Court. The appellants in the present appeals were Bhawna's in-laws. Kusum Lata was her mother-in-law while Abhishek and Sourabh were her brothers-in-law.

(2.) Bhawna married Nimish on 2/7/2007. Their marriage was an arranged one and was performed at Indore, Madhya Pradesh. Bhawna was a teacher by profession. Nimish was working in the film industry at Mumbai and was engaged in film editing. After their marriage, the couple left for Mumbai on 8/7/2007. Bhawna is stated to have visited her in-laws in Madhya Pradesh on 3 or 4 occasions only, including the Deepavali festival in 2008. Admittedly, Bhawna parted ways with her matrimonial home at Mumbai on 25/2/2009, be it on her own volition or otherwise, and started residing with her parents at Narsinghpur. At that time, Kusum Lata had submitted representation dtd. 24/2/2009 to Police Station Heera Nagar at Indore, apprehending that Bhawna may make allegations against them about harassing her for dowry.

(3.) Prior to the filing of the divorce petition by Nimish on 8/5/2013, Bhawna made a written complaint on 5/2/2013 to Police Station Kotwali, District Narsinghpur, levelling several allegations against her husband and her in-laws. The same was sent to the jurisdictional police station at Heera Nagar, Indore. In consequence, FIR No. 56 of 2013 dtd. 9/2/2013 was registered on the file of P.S. Heera Nagar, Indore, against all four of them under Sec. 498A IPC and Ss. 3 and 4 of the Dowry Prohibition Act, 1961. All three appellants secured anticipatory bail on 6/3/2013 in relation to FIR No. 56 dtd. 9/2/2013 from the learned Additional Sessions Judge, Indore, vide Bail Application No. 634 of 2013.