RATIRAM AHIRWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioners have filed the present petition under Section 482 of CrPC seeking quashment of FIR registered vide Crime No.499/2019 dated 15.08.2019 for the offence under Sections 498-A of IPC and 3 & 4 of Dowry Prohibition Act at Police Station Kotwali Chhatarpur, District Chhatarpur and consequent proceeding of RCT No.1287/2019 pending before the Judicial Magistrate First Class, Chhatarpur, District Chhatarpur.

(2.) Prosecution story, in short, is that the petitioner Nos.1 and 2 are father-in-law and mother-in-law of respondent No.2 and the petitioner No.3 is the husband of respondent No.2, who is a Government Servant employees posted at Treasury and Account Department, Gwalior. On 09.07.2011, the marriage was solemnized between petitioner No.3 and respondent No.2 and due to their wedlock, a son was born on 11.12.2014. Thereafter, due to abnormal behaviour of respondent No.2 with the petitioners, the marital status could not be maintained. With intention to maintain good relations, the petitioner No.3 had purchased a residential plot in the name of respondent No.2 at Bhopal and he is regularly paying monthly installments of said plot. The petitioner No.3 is also paying amount to the respondent No.2 every month on her demand. Copies of which is annexed herewith as Annexure P/1 and Annexure P/2 respectively. Despite of this, respondent No.2 had left cohabitation with petitioner No.3 on her will in the month of July 2018 and despite of all efforts, she is not willing to come back, therefore, an application dated 13.05.2019 u/S. 9 of H.M. Act for reinstitution of conjugal right was preferred before the Family Court Chhatarpur in which respondent No.2 was appeared on 26.06.2019 and thereafter the matter was referred to the Mediation Centre for reconciliation. Thereafter, on 15.08.2019 the respondent No.2 lodged a false written complaint alleging demand of dowry, cruelty and marpeet against the petitioners.

(3.) Learned counsel for the petitioners submit that the petitioners are innocent and they have not committed offences as mentioned in the FIR. Petitioners have been falsely implicated in the present case. It is also submitted that the petitioners never demanded dowry from the complainant. It is contended that omnibus allegations are made against all the petitioners. On these grounds, it is submitted that the entire prosecution story is false and baseless, hence, the FIR deserves to be quashed.