RAVIKANT MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Accused/petitioners have filed the instant petition under Section 482 of the Cr.P.C. (in short ''the Code'') to set aside the FIR registered in connection with Crime No.12/2018 at Police Station Mahila Thana Satna, District Satna, for offence punishable under Sections 498-A , 506 read with Sec. 34 of IPC and Section 3 / 4 of Dowry Prohibition Act.

(2.) Briefly stated facts of the case, in nutshell, are that respondent No.2 lodged a complaint before Mahila Thana Satna on 5.5.2018. It is alleged that marriage of respondent No.2 and applicant No.1 was solemnized on 5.3.2017 at Manglam Resort, Utaili, District Satna according to Hindu rites and rituals. After marriage, she was resided with accused/petitioners at her matrimonial house. Accused/petitioner No.2 is father-in-law and accused/petitioner No.3 is mother-in-law of respondent No.2. For the first time, respondent No.2 resided for four days only at her matrimonial house. Second time, she reached at her matrimonial house, then accused/petitioners demanded Rs.10 lacs as dowry, but due to non-fulfillment of dowry, they tortured and humiliated her. The accused/ petitioner No.1 was doing job at Delhi, so she also gone to Delhi and resided with accused/petitioner No.1 at Delhi. Accused/petitioner No.1 humiliated and tortured with regard to demand of dowry of Rs.10 lacs. Thereafter, she returned to her parental house. On 28.4.2018, she went at her matrimonial house at Sangram Colony, Satna, Ward No.23, Police Station Kolgawan, the accused/ petitioner No.2 abused her in filthy language and ousted her from her matrimonial house. Thereafter, she came to her parental house. She tried for amicable settlement, but accused/petitioners are rigid of making demand of Rs.10 lacs as dowry. Thereafter, she reported the matter to the Police Station against the accused/petitioners.

(3.) Learned counsel for the accused/petitioners submits that accused/petitioners have been falsely implicated in this case. Respondent No.2 committed cruelty with accused/petitioner No.1 and his family members. Respondent No.2 refused to live with the accused/petitioner No.1, then accused/petitioner No.1 filed a divorce petition on 14.3.2018 before Principal Judge Family Court, Satna. Respondent No.2 received notice of the divorce petition on 7.4.2018. Respondent No.2 appeared before the Family Court Satna on 1.5.2018 along with her lawyer. Despite numerous dates having been fixed by the Family Court for mediation, but respondent No.2 refrained from appearing before the Family Court, Satna. After 1.5.2018, he lodged a false complaint. Respondents No. 2 & 3 are residing separately from accused/petitioner No.1. Respondents No. 2 and 3 are residing at Satna where accused/petitioner No.1 residing with the respondent No.2 at Noida and Mumbai after marriage where he is employed as Engineer. Accused/petitioners No.2 & 3 have been implicated on arbitrary and fanciful reasons by making omnibus allegations, even though the respondent No.2 has resided with accused/petitioner No.1 at Noida after her marriage and she has never resided with accused/petitioners No. 2 & 3 for more than 2 or 3 days and an artificial cause of action has been created on 28.4.2018. Respondent No.2 has filed this complaint as a counter blast to the divorce petition instituted by accused/petitioner No.1. FIR has been lodged after an inordinate and unexplained delay of more than 9 months which renders the entire prosecution story unreliable. So, there is abuse process of law, therefore, the FIR dated 5.5.2018, in connection with Crime No.12/2018 registered at Police Station Mahila Thana, Satna, District Satna, is liable to be quashed. Learned counsel for the accused/petitioners relied upon the decisions in the case of Varala Bharath Kumar and another Vs. State of Telangana and another [(2017) 9 SCC 413], Rashmi Chopra Vs. State of U.P. (2019 SCC OnLine SC 620), Mohammad Haroon Ahmad & ors Vs. Smt. Shashista Parveen & State of Madhya Pradesh (M.Cr.C.No.3849/2013, decided on 15.2.2018), Sandeep Singh Bais @ Anshu & ors Vs. State of M.P. & another (M.Cr.C.No.3658/2016, decided on 9.3.2017) and Smt. Praveen Bano and ors. Vs. State of M.P. and another (M.Cr.C.No.27336/ 2018, decided on 3.4.2019).