PRAVEEN CHOUBE Vs. STATE OF M P

JUDGEMENT

(1.) The applicants/ accused have preferred this revision under Section 397/401 of Cr. P. C. being aggrieved by the order dated 3.4.2008 passed by Chief Judicial Magistrate, Hoshangabad in Criminal Case No. 15/2008, framing the charge against each of them for the offence under Section 420/34, 498-A of Indian Penal Code (for short "the Code") and Section 3/4 of Dowry Prohibition Act (for short "the Act").

(2.) The facts giving rise to this revision in short are that on a written report of respondent No.2 Ku. Archana Shukla at Police Station Hoshangabad a crime No.879/07 for the offence of Sections 498-A, 420 of the Code and 3/4 of the Act was registered against the applicants. According to such FIR the respondent No.2 complainant got married before six years with the applicant No. 1 Dr. Praveen Choube in accordance with Hindu rite and rituals. Subsequent to marriage the applicant No. 1, his family members the parents and brother used to make the demand and insisted her to bring rupees five lacs and one Ford Car in dowry from her father saying that nothing had been given to them by her father on marriage in the dowry. In response of it on asking by complainant that her father had already given the articles and cash amount to them and now he being retired person does not have any capacity to fulfill their demand, on which the applicants by treating her to be a servant of the family, also administered the poisons substance in March, 2007, however she could save herself by taking the medical treatment at Jabalpur Hospital. During such treatment in the hospital she came to know that the applicants by practicing a fraud and giving false information to her that applicant No.1 had taken divorce from his first wife got her married with him while no such divorce had taken place. The applicants also told her that whatsoever had done by them with the first wife of the applicant No. 1, they will repeat the same with her and thereafter they will carry out his third marriage. After the aforesaid incident under compulsion she is residing with the family of her father at Hoshangabad. On 30.9.2007 applicant No.1 along with his parents the applicant No.3 and 4 came to Hoshangabad and demanded rupees five lacs from her parents to open the clinic for applicant No. 1 saying that if he being doctor will not open the clinic then what he will do, also made the demand of vehicle saying that the same is a necessity of a doctor. They also gave a threat that on non-fulfilling their such demand the marital relation of the respondent No.2 with the applicant No. 1 shall not survive. On which her father and the brother asked them to fulfill their demand according to their capacity, on which the applicants said that they will not further talk with them unless their demand is fulfilled. It is also sated that the applicant No.2 the brother of applicant No. 1 also gave her a criminal threat on telephone that on non fulfilling their demand they will search a bride and got married the applicant No.1 third time, in which, the applicant No.1 being doctor, they may get dowry of rupees ten to twenty lacs.

(3.) After holding investigation the applicants were charge sheeted for the offence of Section 498-A and 420 of the Code and Section 3/4 of the Act. Considering the papers of charge sheet on framing the charge of such offence against the applicants, they abjured the guilt, on which the trial was directed against them. Being dissatisfied with such order the applicants came to this court with this revision for setting aside the same and discharging them from the case.