SHYLA ROSE Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This petition has been filed to quash the FIR in Crime No. 35/2019 dated 23.07.2019 on the file of the first respondent for offence under Sections 406, 498 (A), 506 (i) of Indian Penal Code 1860 and Sections 4 and 6 of Dowry Prohibition Act, 1961.

(2.) The learned counsel for the petitioner would submit that on the complaint lodged by the second respondent, the first respondent registered a case as against the six accused persons. In which, the petitioner arrayed as the third accused. He further submitted that the petitioner is not having illegal intimacy with the first accused as well as the other persons. The second respondent is the wife of the first accused. They got married on 22.08.2016. Thereafter, there was misunderstanding between them and as such, they were living separately. While being so, she made so many allegations as against the family members of the first accused and also lodged a complaint before the first respondent police.

(3.) Insofar as the petitioner is concerned, she is a neighbour of the first accused. She already got married with one Raj and now she is living with her husband. There was no illegal relationship between the petitioner and the first accused. He further submitted that no offence is made out as against the petitioner as alleged by the prosecution. The offence under Section 498 (A) would not attract as against the petitioner since she is being a family member of the first accused.