MITUL AHIRWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioners/accused have filed this Misc. Criminal Case under Section 482 of the Code of Criminal Procedure to quash the First Information Report, in connection with Crime No.193/2019, for offence punishable under Sections 498-A read with Section 34 of Indian Penal Code (hereinafter referred to as IPC for brevity) and Section 3, 4 of Dowry Prohibition Act, registered at Police Station Harda, District Harda (MP), and all consequent proceedings arising out of the aforesaid Crime No.193/2019.

(2.) The prosecution case in brief is that marriage of respondent No.2-complainant was solemnized on 29.4.2017 with petitioner/accused No.1 Dr. Mitul Petitioner/accused No.2 Lalchand Ahirwal is father-in-law, Petitioner/accused No.3 Smt. Sheela Ahirwal is mother-in-law, Petitioner/accused No.4 Smt. Arti is sister-in-law and Petitioner/accused No.5 Nikhil Ahirwal is brother-in-law of respondent No.2. Respondent No.2 lodged the First Information Report against the petitioner/accused on 15.4.2019. It is alleged by the respondent No.2/complainant that at the time of marriage, her father gave sufficient dowry to the petitioners/accused. Thereafter, petitioners/accused taunted, humiliated and tortured her due to non-fulfillment of sufficient dowry. Petitioners/accused used to tell her that if marriage of petitioners/accused No.1 is solemnized in any other place, then they would get sufficient dowry as car, Rs.11 lacs, etc. Thereafter, her father gave extra gold worth Rs.50,000/- on demand of petitioners/accused No. 2 and 3, but, the behaviour of petitioners/accused did not convert and they humiliated her. Her mother-in-law kept her ornaments, but she did not return that ornaments. Petitioners/accused humiliated and tortured her various times. On 10.3.2019, petitioners/accused No.1 to 4 beat her and thrown out from the matrimonial house. Petitioners/accused told her to break up her relation with her parents. She did not want to abolish her life, so she did not make any complaint to the Responsible Officer. Petitioners/accused questioned about her maternity. Petitioners/accused did not want to keep her at matrimonial house. They thrown her out from matrimonial house, so she is living with her parents at Harda. Thereafter, respondent No.2 lodge a complaint before Police Station Harda.

(3.) Learned counsel for petitioners/accused submits that the allegation made in the First Information Report against the petitioners/accused are false and fabricated. Petitioner/ accused No.1 has submitted application before Family Consultation Centre, Vidisha and proceedings were initiated. During the pendency of proceeding, respondent No.2 and petitioner/accused No.1 started living together at Raipur, but after some time, respondent No.2 started quarreling with petitioner/accused No.1, therefore, he sent the respondent No.2 to Vidisha, where she tried to run from matrimonial house. When petitioners/accused No.2 and 3 tried to stop her, then she tried to commit suicide, therefore, petitioners/accused have made a written complaint to the Police Station DDU Nagar Raipur. On 22.12.2018, the proceedings of Family Consultation Centre was closed with the direction to the parties to settle the dispute from the Court. Since the settlement taken place between the petitioner/accused No.1 and respondent No.2, therefore, the respondent No.2 is living with her in-laws and on 10.3.2019, respondent No.2 again tried to commit suicide. Thereafter, petitioner/accused No.1 made a complaint to Police Station Dehat Vidisha and Family Consultation Centre, Vidisha. Thereafter, petitioner/ accused No.1 filed a suit for dissolution of marriage between petitioner/accused No.1 and respondent No.2, on the ground of cruelty in the Court of Principal Judge, Family Court,Vidisha. Notice was issued to the respondent No.2 for appearance in that case. After receiving that notice, the respondent No.2 lodge the false complaint only to harass and involve the petitioners/accused in this false case.