JITENDRA DUBEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioners have filed present Cr.M.P. under Sec. 482 of the Cr.P.C. for quashing of the FIR bearing Crime No. 44/2022 registered by the Police Station ' Mahila Thana, Bilaspur for commission of offence under Sec. 498A and 34 of the IPC and criminal proceeding of criminal case No. 88/2023 pending before Judicial Magistrate First Class, Bilaspur.

(2.) The prosecution story, in brief, is that the complainant filed a written complaint before Mahila Police Station Bilaspur alleging that on 10/2/2022 the marriage of the complainant was solemnized with Jitendra Dubey on 10/2/2022 as per Hindu rituals. Further prosecution case is that after marriage the complainant was living in a joint family with her in-laws subsequent to the marriage, the behavior of her husband, brother-in-law and mother-in-law was not good. It is alleged that on the pretext of tiredness, her husband was not consuming marriage with her on the eve of ceremonial first night. It is also the case of the prosecution that the complainant was subjected to torture physical as well as mentally on the count that she has brought less dowry from her parental house. It is also stated that her father gave smart cooler TV, fridge, washing machine, cupboard, mixer grinder, bed, sofa and utensils in the marriage in his capacity though the in-laws have demanded Rs.5,00,000.00 for the business of her brother-in-law. It is also alleged that husband has tortured her and demanded Rs.7,00,000.00 as dowry. It is alleged that on 9/3/2022 when the victim went to her parental house and stayed there for some time then her husband did not come to bring her back. On 20/5/2022 she returned to her matrimonial house with her brother then her mother-in-law, brother-in-law and husband again started torturing her and saying why she did not perform another marriage as they will not allow her to reside with them in the matrimonial house. It is also alleged that her husband tortured her and told that he will not provide her any kind of facility and will not too add her name in his service record. It is the case of the prosecution that proper food items were not provided her to cook food and when she insisted to prepare food in the kitchen then her husband and other family members assaulted her as a result of which her clothes were torn and anyhow she saved herself from the hands of petitioners and went inside other room and closed the door then she called the police dialed on 112 and on arrival of Police, the in-laws requested her not to lodge the report against them. It is also case of the prosecution, that due to unbearable situation, she left the matrimonial house, told the incident to her parents and lodged the written complaint against the petitioners and on the basis of complaint, FIR has been registered against them. After investigation, charge-sheet was filed and the proceedings are pending before JMFC Janjgir-Champa.

(3.) Learned counsel for the petitioners would submit that petitioner No. 2 is the mother-in-law and petitioner No. 3 is the brother-in-law of respondent No.3 whose marriage was solemnized with petitioner No1. Jitendra Dubey on 10/2/2022. He would further submit that bald allegations have been made by the complainant in the FIR and the respondent No.3 pressurized her husband to live separately from the in-laws. He would further submit that the petitioner No.1 did not agree to live separately with their parents then the respondent No.3 started to harass the petitioner No.1 and the other family members to rope them in a domestic violence also. He would further submit that the brother of respondent No.3 has continuously tortured the petitioner No.1 on telephone to trap him in the forged case of dowry. He would further submit that the respondent No.3 has left her matrimonial house on her own will without informing her husband and the other members and the allegations are also not specific and are omnibus, thus the prosecution of the petitioners is nothing but misuse of the process of law. It has also been contended that in matrimonial disputes, there is tendency to implead the close relatives of the husband falsely just to take revenge and would pray for allowing the instant petition, quash the FIR as well as entire criminal proceedings pending before the learned Judicial Magistrate First Class, Bilaspur in respect of the petitioners.