MOHD. ANWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicants have filed this petition under Section 482 of the Cr.P.C. for quashing the entire proceedings of criminal case No.1744/2010 pending before the Court of JMFC, Jabalpur for trial of offence punishable under Section 498-A read with Section 34 of IPC.

(2.) The brief facts giving rise to the filing of the present petition, in short, are that, the respondent No.2 was married with the applicant No.1 Mohd. Anwar by Muslim tradition. Their marriage was solemnized 18 years back. Two children were born out of that wedlock. On 27.1.2010, the respondent No.2/complainant lodged an FIR against the applicants at Police Station-Hanumantal, District-Jabalpur, regarding dowry demand and harassment, which was registered as Crime No.49/2010 for offence punishable under Section 498-A read with Section 34 of IPC. After due investigation, charge-sheet was filed before the CJM, Jabalpur and proceedings were initiated for trial of offence punishable under Section 498-A read with Section 34 of IPC registered as criminal case No.1744/2010 which is still pending.

(3.) Learned counsel for the applicants submits that from the very beginning, behaviour of the respondent No.2 was not good towards the applicants. She used to pressurize her husband/applicant No.1 to get separate from his family and live independently. The respondent No.2 used to quarrel with the applicants and threaten them to falsely implicate in criminal cases. In April, 2009, she herself left the matrimonial house and started living with her parents and filed an application before the Pariwar Paramarsh Kendra, Jabalpur. On 30.09.2009, a compromise took place between the parties before the Pariwar Paramarsh Kendra and it was resolved that the applicant No.1 will keep the respondent No.2. Thereafter, the applicant No.1 rented a separate house and started living with the respondent No.2. However, there was no change in the behaviour of the respondent No.2 and she used to quarrel with the applicants. The respondent No.2 lodged a false complaint regarding dowry demand and physical harassment against the applicants and has also lodged a complaint under the Protection of Women from Domestic Violence Act, 2005 against the applicants which is pending before the Court of JMFC, Jabalpur as MJCR No.26316/2016. On 27.9.2010, the respondent No.2 lodged a case which was registered as Crime No.49/2010 at Police Station- Hanumantal, District-Jabalpur against the applicants. After investigation, charge-sheet has been filed for offence under Section 498-A read with Section 34 of IPC and proceedings were initiated in criminal case No.1744/2010 which is pending before JMFC, Jabalpur.