SANJAY STHAPAK Vs. STATE OF M.P

JUDGEMENT

(1.) This petition under section 482 of the Cr.P.C has been preferred for quashment of the proceeding of the Criminal Case No. 389/2018 pending before the Additional Chief Judicial Magistrate, Punasa, District Khandwa under section 498A read with section 34 of the IPC.

(2.) The facts giving rise to this petition are that the marriage of the respondent no.2 with applicant no.1 was sole- manized on 31/05/2017, and applicant no.2 is brother of the applicant no.1, and applicant no.3 is mother of the applicant no.1 and applicant no.4 is grand mother of the applicant no.1 and applicant no.5 is sister of the applicant no.1 and after the marriage, the accused persons started harassing the respon- dent no.2 in connection with demand of dowry and on pro- vokation and support of them for aforesaid demand of dowry, the applicant no.1 used to beat her and on account of afore- said harassment. About the aforesaid act of the applicants she told her parents and brother and sister on phone and thereafter the applicant no.1 send her with her brother to her parental house and not prepared to keep her in the materimo- nial house without fulfillment of the demand of dowry. On 28/10/2018 the respondent no.2 lodged FIR at police station Mandhata, District Khandwa, where Crime No. 291/2018 un- der section 498A read with section 34 of the IPC was regis- tered and after investigation, the charge sheet was filed and criminal case is pending before the Additional Chief Judicial Magistrate, Punasa, District Khandwa and for the quashment of the aforesaid criminal proceeding, this petition has been filed.

(3.) Learned counsel for the applicant submitted that the aforesaid proceeding is not in accordance with the law and in this case prima facie there is no sufficient material to prosecute the applicants for commission of the aforesaid of- fence. It is counter blast action as the applicant no.1 filed di- vorce petition against the respondent no.2 before filing of the FIR, as the respondent no.2 was unable to adjust in the matri- monial house with the applicant no.1 and other family mem- bers and she insisted and wanted to remain in the matrimo- nial house without doing any work and remained ideal and lithergic and disobey the instructions of elder persons of the house and making quarrel. Before filing of the petition for di- vorce the matter was also placed before the District Level Pariwar Paramarsh Kendra, Khandwa, where the respondent no.2 and her parents and brother also appeared and their statements were also recorded. They have not narrated that the applicants were demanding dowry and on account of the demand of the dowry, they harassed the respondent no.2 and there is no specific allegation with regard to the demand of the dowry and harassment and only omnibus general allega- tions have been made just to implicate all family members with malafide intention to achieve ulterior motive for wreak- ing vengeance, therefore the criminal proceeding be quashed.