(1.) This Miscellaneous Criminal Case has been filed by the applicants/petitioners under Section 482 of the Cr.P.C. for quashing the Final Report and consequential proceedings dated in connection with Crime No.46/2019 registered at Police Station-Gwarighat, District-Jabalpur for the offence punishable under Sections 498-A and 506 read with Section 34 of the IPC and Sections 3 and 4 of Dowry Prohibition Act.
(2.) Brief facts of the case are that marriage of respondent No.2/complainant-Smt. Preeti Shukla was solemnized on 05.05.2018 with the applicant/petitioner No.1 Dr. Ashish Pandey as per Hindu Rites and Rituals. Applicant/petitioner No.2 Manish Pandey is brother-in-law (Jeth), applicant/petitioner No.3 Smt. Vandana Pandey is sister-in- law (Jethani), applicant/petitioner No.4 Saroj Kumar Pandey is father-in-law and applicant/petitioner No.5 Smt. Manorama Pandey is mother-in-law of the respondent No.1/complainant. Respondent No.2/complainant has filed a written complaint on 02.02.2019 before In-charge of Police, Police Station- Gwarighat, District-Jabalpur in which it is mentioned that at the time of her marriage, father of the respondent No.2/complainant gave a cash of Rs.6,00,000/-, ornaments and household goods; however, applicants/petitioners were not satisfied with the same. After marriage when she came to her matrimonial house, on 06.05.2018, applicant No.1/husband said that her father has not given a car to him, due to which, prestige of her family members was ruined in the society. On the next day i.e. 07.05.2018, applicants were sitting in the hall, then applicant No.3 being in hall, wherein applicant No.4 and 5 said to her that when her father was not capable to give a car to them, then why he has solemnized her marriage with applicant No.1 and when respondent No.2/complainant said that her father is not financially strong to give the car, then present applicants/petitioners abused her filthily and committed marpeet with her, thereafter, respondent No.2 ran away from her room and narrated the whole incident to her father through mobile. Thereafter, after two days, respondent No.2/complainant's father had gone to her matrimonial house to bring her back. At that time, all the applicants/petitioners abused her father filthily and said that we would accept his daughter, when he would give a car to them. Applicant No.1/husband and applicant No.5/mother-in- law of the respondent No.2 have forcibly taken all the gold ornaments/jewelry and her suitcase also. Thereafter, on 09.07.2018 her family members have came to Jabalpur and gave Rs.1,00,000/- to applicant No.4 in presence of all applicants/petitioners. On 10.07.2018 at Family Consultation Centre, a compromise was struck and respondent No.2 agreed to return her matrimonial house; but behaviour of applicants had not changed. But respondent No.2/complainant and her family members wanted to save the married life of the respondent No.2, therefore on 02.02.2019 she again came to her matrimonial house with her parents, but applicant No.1 abused them and applicant No.1/husband had beaten the respondent No.2 on fists, thereafter all present applicants/petitioners came there and they have also beaten her and her parents. Consequently, respondent No.2/complainant has lodged the aforesaid written report dated 02.02.2019 with In-charge of Police, Police Station- Gwarighat. On the basis of written complaint, First Information Report No.46/2019 has been registered against the present applicants/petitioners on dated 03.02.2019. After investigation, a criminal case was registered against the present applicants/petitioners and final report has been prepared by the police for the offences punishable under Sections 498-A and 506 read with Section 34 of the IPC and Sections 3 and 4 of Dowry Prohibition Act.
(3.) Learned counsel for the applicants/petitioners submits that respondent No.2/complainant has left her matrimonial house without any sufficient reason. Present applicants/petitioners never demanded any dowry from the respondent No.2/complainant and her family members and applicant No.1/husband never harassed the respondent in any manner. On 03.07.2018, a written complaint was also lodged by the applicant No.1/husband with respect to not living with his wife as well as not sending his wife with the parents of the respondent No.2/complainant. Thereafter, on 24.06.2018 when he went to bring his wife at Shivpuri then his mother-in- law and brother-in-law refused to send his wife and said that applicant No.1 is impotent then he was shocked. Thereafter, he called his wife and stated about this fact, but his wife was silent. Then, applicant No.1 forced to tell him about the said fact, then his wife told that what her parents were saying was right and she is not ready to live with him. Thereafter, his mother-in-law and brother-in-law misbehaved and threatened him with dire consequences and told him of implicating the applicants/petitioners in a false case. Applicant No.1/petitioner is ready to take the respondent to her matrimonial house; however, respondent No.2/wife declined to go altogether after leveling baseless allegations against the present applicant No.1 along with his parents i.e. applicant Nos.2 to 5. He also submits that It is crystal clear from the elements available in the charge-sheet that complete false case for taking shelter of law for illegal purpose has been lodged by the respondent No.2/complainant. When applicant No.1/husband had written a complaint, by way of counter- blast, respondent No.2/wife lodged a written report with the said police station. The first step for unreasoned leaving of his wife was taken by the husband/applicant No.1 by lodging written complaint, thereafter, further step of respondent No.2/complainant is only self created story for some ulterior purpose. There is no cruelty and demand of dowry by the present applicants/petitioners. Therefore, whole case has been registered only to harass the applicants/petitioners. In aforesaid circumstances, it has been prayed that the proceedings instituted on aforesaid First Information Report and consequential proceedings against the present applicants/petitioners be quashed. In support of his contention he placed reliance in the case of Vikas Kumar Jain and others Vs. State of M.P. and another passed in M.Cr.C. No.840/2017 vide order dated 06.09.2017.