ANOOP BHALLA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed present Cr.M.P. under Sec. 482 of the Cr.P.C. for quashing of the FIR bearing Crime No. 169/2022 registered by the Police Station ' Manacamp, Raipur for commission of offence under Sec. 498A and 342 of the IPC and criminal proceeding of criminal case No. 12855/2022 pending before Chief Judicial Magistrate, Raipur.

(2.) The prosecution story, in brief, is that the complainant filed a written complaint on 12/7/2022 alleging that the petitioner has physically and mentally tortured her, confined her, as such, an offence under Sec. 498A and 342 of the IPC has been committed. It has also been contended that the husband assaulted her on 21/3/2021 on the allegation that she has illicit relationship with her younger brother. The husband has also abused her and her family members and for the reason best known to him he has sent her to her parental house at Bhopal. When she returned to her matrimonial house on 6/6/2022 the house was locked and she was not allowed to enter into the house. When she was able to enter into the house, her husband and maid servant have caught of her neck and attempted to throw her out from house. After some time, she went to the first floor of the house and started living separately but proper foodings were not given to her. It is also the case of the prosecution that she was compelled to clean her room and utensils. It is also alleged that the complainant has installed the spy camera in the house. On the basis of the complaint, the FIR has been registered against the petitioner for aforestated offences.

(3.) The brief facts as projected by the petitioner are that Petitioner is 66 years old senior citizen, retired IFS officer. He is presently residing in a remote village of Himachal Pradesh. The Respondent No. 2 is residing alone at the huge mansion owned by Petitioner in Raipur. Petitioner has two sons from his first wife. He was separated from his first wife in the year 2003. Since then, he raised and took care of both his sons. In 2011, he started in a live in relationship with Respondent No. 2. The Petitioner and Respondent No. 2 wer known to each other for more than a decade. The marriage of Petitioner and Respondent No. 2 was solemnized on 06/06/2021 at Raipur, Chhattisgarh. It has also been contended that all the marriage expenses were borne by the Petitioner. There was no demand or exchange of dowry in the said marriage. The petitioner was around 64 years of age; Respondent No. 2 was around 48 years of age at the time of marriage. Both of them were living cordially until March, 2022, and due to personal differences, the Petitioner started requesting the Respondent No. 2 to amicably part ways.