RAVIKANT. Vs. SMT. RADHIKA KUDERIYA

JUDGEMENT

(1.) Accused/petitioners have filed the instant petition under Section 482 of the Cr.P.C. (in short ''the Code'') against the order dated 1.12.2018, passed by I Additional Sessions Judge, Bijawar, District Chhatarpur (MP), in Criminal Revision No.01/2018, whereby learned Judge affirmed the order dated 18.12.2017, passed by Judicial Magistrate First Class, Badamalahra, District Chhatarpur (MP), in Criminal Case No.523/2017, in which learned JMFC took cognizance against the accused/petitioners under Section 498-A of Indian Penal Code (hereinafter referred to as IPC for short).

(2.) Briefly stated facts of the case, before the trial Court, are that the marriage of complainant/respondent No.1 was solemnized with accused/petitioner No.1 on 26.4.2014. Accused/petitioner No.2 is father-in-law and accused/petitioner No.3 is mother-in-law, accused/ petitioner No.4 is sister-in-law and accused/ petitioner No.5 is brother-in-law of complainant/ respondent No.1. At the time of marriage, accused/petitioners demanded Rs.5 lacs and one Bollero Jeep as dowry. The parents of complainant/respondent No.1 gave Rs.5 lacs and Bollero Jeep as well as other articles of gold and valuable property to the accused/petitioners at the time of marriage. After the marriage, complainant/respondent No.1 went with accused/petitioners at matrimonial home peacefully. Thereafter, accused/petitioners snatched ornaments from her and they tortured and humiliated her. They used to tell her that they want a beautiful wife or daughter-in-law. Complainant/respondent No.1 became pregnant. Accused/ petitioners did not provide proper medical treatment, therefore, she underwent abortion. After some time, accused/ petitioners again pressurised her for pregnancy, but they told her that accused/petitioner No.4 is issueless, so complainant/respondent No.1 delivered a child. Complainant/respondent No.1 was very weak at that time, but she was pressurised for pregnancy by accused/ petitioners. She again became pregnant, but accused/ petitioners did not provide proper medical treatment to her. Thereafter, her father gave her him Rs.1 lakh so that accused/ petitioners may provide proper medical treatment. Thereafter, she delivered a male child on 13.6.2016. Thereafter, accused/ petitioners pressurised to give her child to her sister-in-law, accused/petitioner No.4, but complainant/respondent No.1 refused to accept this proposal, then accused/petitioners humiliated and tortured her. Thereafter, complainant/respondent No.2 left her matrimonial home and she is residing at her father's home since 1.6.2017, but accused/petitioners went to snatch her child. Accused/petitioner N.1 initiated a proceeding at Parivar Paramarsh Kendra, Chhatarpur. She appeared before Parivar Paramarsh Kendra, Chhatarpur, but accused/petitioners did not sign the proceeding and proceeding was dismissed. Complainant/respondent No.1 lodged a complaint before Superintendent of Police, Tikamgarh, on 29.8.2017 and 25.9.2017, but they did not initiate any proceeding against the accused/petitioners. Thereafter, she filed a complaint before the learned Judicial Magistrate First Class, Badamalahra, District Chhatarpur. Learned JMFC enquired into the matter and took the statements of complainant/respondent No.1 and other witnesses under Sections 200 and 202 of the Code and took cognizance under Section 498-A of IPC against the accused/petitioners. Accused/petitioners filed a Criminal Revision against this order before I Additional Sessions Judge, Bijawar, learned I ASJ Bijawar, dismissed the said revision, then they filed this Misc. Criminal Case.

(3.) Learned counsel for the accused/petitioners submits that accused/petitioners have been falsely implicated in this case. Accused/petitioners No.2 to 5 are residing separately from accused/petitioner No.1 and they have no nexus with day-to-day family affairs of accused/petitioner No.1. Learned Court below without appreciating the above fact took cognizance against the accused/petitioners No. 2 to 5. There is general allegation against the accused/ petitioners, so no case is made out against the accused/ petitioners under Section 498-A of IPC. Complainant/ respondent No.1 committed cruelty with accused/petitioner No.1 and other accused/petitioners. Complainant/respondent No.1 did not want to reside with accused/petitioner No.1 without any reasonable cause. Complainant/respondent No.1 refused to live with accused/ petitioner No.1 on 30.6.2017. Thereafter, she had gone to her parents house. Thereafter, on 7.3.2018, accused/ petitioners filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights before the learned Addl. Sessions Judge Bijawar. Apart from this, accused/petitioner No.1 initiated a proceeding before the Incharge Parivar Paramarsh Kendra, Chhatarpur, on 10.7.2017. Complainant/respondent No.1 appeared before the said Addl. Sessions Judge Bijawar and Parivar Paramarsh Kendra, but she refused to reside with accused/ petitioner No.1 and thereafter submitted a false complaint before JMFC Badamalahra. So, it is evident that complainant/respondent No.1 did not want to reside with accused/petitioner No.1 without any reasonable cause and she falsely initiated a criminal proceeding against the accused/ petitioner No.1. Accused/ petitioner No.1 is deprived of love and affection towards his son. He is ready to keep complainant/respondent No.1 with him, so this proceeding is misuse of process of law. Therefore, learned counsel for accused/petitioners prays for setting aside the order of Courts below and quashing the entire proceeding under Complaint Case No.423/2017, pending in the Court of JMFC Badamalahra, under Section 498-A of IPC.