AMARJEET SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioners- accused have filed this M.Cr.C. under Section 482 of Cr.P.C. to quash the FIR dated 04/09/2018 registered at Police Station-Bichhiya, District- Rewa at crime No. 186/2018 for the offence punishable under Section 498-A, 506/34 and 3/4 of Dowry Prohibition Act and subsequent proceedings.

(2.) The prosecution case in nutshell is that marriage of respondent no. 2 was solemnized with co-accused Abhinav Singh before 14 years. Petitioner-accused No. 1 is father-in-law and petitioner no. 2 is mother-in-law of the respondent no. 2. After sometime of marriage petitioners-accused and co-accused Abhinav Singh, tortured her for insufficient dowry. They tell her that her father promised to provide job to co-accused Abhinav Singh but Abhinav Singh could not get any job due to this they started to demand Rs. 10,00,000/- from respondent no. 2. Respondent no. 2 tell her parents that petitioners-accused are demanding Rs. 10,00,000/- as dowry but her father suggested her for adjustment. During these period co-accused Abhinav Singh developed illicit relation with another woman, thereafter petitioners-accused threatened her and beat her due to non- fulfillment of dowry demand. Thereafter, petitioners-accused thrown out her from the matrimonial house. Respondent no. 2 came parental house and told all the incident to her parents in December, 2015. On 24.05.2018, respondent no. 2, her parents and relatives reached matrimonial house of respondent no. 2. Respondent no. 2 entered in the house and her parents and relatives started to talk co-accused petitioner no. 1. During conversation co-accused Abhinav Singh and petitioner-accused no. 2 started to beat her. They caught her and thrown out from matrimonial house. They demanded Rs. 10,00,000/- as dowry. Co-accused Abhinav Singh is residing with another woman in a rented house at Rewa, so respondent no. 2 is living at her parental house. Petitioners-accused tortured and humiliated her due to non-fulfillment of dowry demand, thereafter on 04.09.2018 respondent no. 2 lodged report.

(3.) Learned counsel for the petitioners-accused submits that petitioner-accused no. 1 is father-in-law and petitioner-accused no. 2 is mother-in-law of respondent no. 2. They are residing at Silpara P.S. Bichhiya District Rewa. Co-accused Abhinav Singh and respondent no. 2 were living at Rewa, so there is no prima- facie material available on the record on which petitioners accused implicated in this case. Petitioners-accused did not demand any dowry. They did not torture and humiliated to respondent no. 2. Respondent no. 2 is living at parental home since December, 2015. Petitioners-accused tried to keep her but respondent no. 2 refused to live with co-accused Abhinav Singh, so no case is made out against the petitioners-accused. Petitioner no. 1 is retired doctor and petitioner no. 2 is elected Sarpanch. They were residing at their native village- Silpara separately from the complainant so no case is made out against them, therefore, quash the FIR and subsequent proceedings.