SUBHASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) By this application, the applicants are seeking quashing of FIR No.64/2017, dtd. 26/4/2017 registered on the basis of the complaint of respondent no.2, vide charge sheet no.29/2017, whereby the offence punishable under sec. 4 of the Dowry Prohibition Act, 1961 and Sec. 34 of the Indian Penal Code, 1860 came to be registered against the applicants and also the father of the groom. The father of the groom has not filed this application, however, the groom himself i.e. Manish Lahabar, his mother, his sister Priti, husband of Priti and Bhagyashree, the wife of elder brother, have filed this application.

(3.) It is the contention of the learned counsel for the applicants that there are no specific allegations made in the FIR made against these applicants and, therefore, no offence whatsoever of dowry punishable under sec. 4 of the Dowry Prohibition Act is made out. He relied upon the judgment of the Hon'ble Apex Court in the case of Preeti Gupta and another .vs. State of Jharkhand and another, reported in AIR 2010 SC 3363. He also submits that this application is maintainable because filing of the charge-sheet on no evidence is nothing but abuse of process of law.