LAWS(SC)-2014-5-33

SWAPNIL Vs. STATE OF MADHYA PRADESH

Decided On May 09, 2014
Swapnil Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is aggrieved by the order dated 02.09.2013 passed by the High Court of Madhya Pradesh Bench at Indore. As per the impugned order, the High Court declined to exercise its jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.PC') for quashing the proceedings and charges framed against the appellants under Section 498A, 506 Part II of the Indian Penal Code (45 of 1860) (hereinafter referred to as 'IPC') and Section 4 of the Dowry Prohibition Act, 1961. The appellants 2 and 3 are his father and mother respectively. The Respondent No. 2 is the wife of the first appellant. She lodged a complaint with Mahila Thana, Indore Police Station on which FIR No. 50 dated 02.05.2012 under Section 498A, 506 and 34 of IPC was registered. It was alleged in the complaint that the marriage between the first appellant and second respondent was performed on 24.06.2009 and after two months of the marriage, the appellants and the sister of the first appellant started demanding dowry. It is seen from Annexure-P3-application filed by the first appellant on 14.07.2011 under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights that the second respondent had left the matrimonial house on 23.04.2011 and thereafter she had not gone back. On 23.05.2011, a lawyer notice had also been served on the second respondent which was replied on 02.06.2011. During the pendency of the proceedings for restitution of conjugal rights, the second respondent, on 07.09.2011, lodged a complaint before Mahila Thana, Indore Police Station raising allegations against the appellants, the maternal uncle, maternal aunt and the sister of the first appellant. Paragraph 4 of the complaint -Annexure-P4 reads as follows:

(3.) Annexure-P5 is the Record of Proceedings dated 12.12.2011 when parties were called before Mahila Police Station. The same is extracted below: