DASRATH P BUNDELA Vs. STATE OF M P

JUDGEMENT

(1.) Petitioners, being near relatives of husband of respondent No.2 (Smt. Gayatri Bundela), invoking extra ordinary jurisdiction of this Court Under Section 482 of the Code of Criminal Procedure for quashing their prosecution under Section 498-A/34 of Indian Penal Code and Section 3/4 of the Dowry Prohibition Act in connection with Crime No. 112/ 2006 registered at police station Bina, Sagar pending as Criminal Case No. 1424/2006 before Judicial Magistrate First Class Bina, Sagar, have filed this petition.

(2.) Facts giving rise to this petition are that respondent No.2 Smt. Gayatri Bundela was married with Sharda Prasad Bundela on 25/6/1999. Petitioners No. I and 2 are the father and mother of Sharda Prasad respectively. Petitioners No. 3 and 5 are the younger brothers and petitioner No. 2 is sister, of Sharda Prasad. Complainant/respondent No.2 lodged an FIR on 11.3.2006 at police station Bina against the petitioners alongwith her husband Sharda Prasad with allegation that her father gave sufficient dowry at the time of her marriage but she was continuously being harassed by petitioners for getting the less dowry from her father.

(3.) It is further alleged that complainant Gayatri Bundela was beaten by petitioners alongwith her husband. It is also alleged that all of them demanded Rs. 1,00,000/- (Rupees one lac) and they threatened her to be deserted from her matrimonial house if demand is not fulfilled, therefore, she is living separately at Bina in her parental house. On the basis of aforesaid report, a criminal case under Section 498-A/34 of IPC with Section 3/4 of the Dowry Prohibition Act was registered.