BHARAT SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Petitioners have filed this petition under Section 482 of Cr.P.C for quashing FIR concerning Crime No. 196/2010 registered at P.S. Karera District Shivpuri against the petitioners under Section 498-A IPC and 3/4 of Dowry Prohibition Act so also for quashing proceedings of Criminal Case No. 528/2010 pending in the Court of JMFC Karera District Shivpuri.

(2.) Facts in a nutshell are that written complaint was made by one Shashi Devi wife of petitioner No. 2 Ajay to Police Station Digoda District Tikamgarh. As per that complaint, the complainant was married with petitioner No. 2 in the year 2004 and after marriage petitioners started harassing and torturing her with respect to demand of dowry. On the day of Raksha-Bandhan complainant was kicked out from matrimonial house with a demand of Motorcycle. On that report Police Station Digoda has registered FIR No. 90/06 under Section 498-A/34 IPC and Section 3/4 of Dowry Prohibition Act. The matter was investigated and challan was submitted before the JMFC Tikamgarh as per Annexure-A/3. In that case prosecution produced evidence and statements were recorded before the JMFC Tikamgarh and date was fixed for final hearing on 10.05.2010. On that date the petitioners raised objection with respect to territorial jurisdiction of the Court. That application was allowed as per Annexure-A/4 and the learned Court of JMFC Tikamgarh directed Police Station Digodha to file charge-sheet in competent Court. Thereafter challan has been referred to Police Station Karera and Police Station Karera on 2.6.2010 registered an FIR. Thereafter charge-sheet was filed in the Court of JMFC Karera. Copy of the FIR and Final Report are Annexure- A/5 and A/6. The learned JMFC Karera without considering the matter rejected the objection filed by the petitioners as per Annexure-P/7 that the charge-sheet is barred by limitation under Section 468 CrPC, giving rise to this petition.

(3.) It is contended by learned Counsel for the petitioners that as per the provisions of Section 468 CrPC incident is dated 01.06.2006 and charge-sheet is submitted on 30.06.2010. Hence the charge-sheet is barred by limitation as contemplated under Section 468 CrPC. It is further submitted that Police Station Karera did not investigate the matter and charge-sheet was filed, which is contrary to provisions. Hence all the proceedings concerning Crime No. 196/2010 deserve to be quashed.