VIKAS GOYAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short "CrPC") has been preferred by the petitioners invoking the inherent powers of the court, for quashing FIR dated 6/11/2020 registered at Crime No. 0334/2020 by Police Station Mahila Thana District Gwalior alleging offences under Sections 498-A, 506, 34 of the IPC and Sec. 4 of the Dowry Prohibition Act, 1961 along-with all consequential proceedings arising out of the aforesaid FIR in RCT No. 3238/2020.

(2.) The necessary facts for the disposal of the present petition in short are that petitioner No. 1 is the husband, whereas petitioner No. 2 is the father-in-law, petitioner no. 3 is the mother-in-law, petitioner No. 4 is brother-in-law (Nandoi) and petitioner No. 5 is the sister-in-law (Nanad) of respondent No. 2. A written complaint was lodged by respondent No. 2 on 6/11/2020 on the allegation that on 09/12/2016 she was married to petitioner No. 1 as per Hindu Rites and Rituals. The father of prosecutrix/respondent No. 2 tried to satisfy the dowry demand of the petitioners at the time of marriage, however, the allegation is that petitioners were not satisfied and continued to inflict mental and physical cruelty to the prosecutrix/respondent No. 2 after marriage. The petitioners together threatened prosecutrix/respondent No. 2 of dire consequences if she does not bring an amount of Rs. 5 Lac. All the petitioners used to demand dowry repeatedly and they also used to use abusive filthy language against her parents and they started harassing her mentally as well as physically. All the petitioners ousted prosecutrix/respondent No. 2 from her matrimonial house and said that she should come back only after taking an amount of Rs. 5 Lac, otherwise she would be killed. Whereafter she is staying with her parents.

(3.) Learned counsel for the petitioners has submitted that the FIR in question is illegal, arbitrary and unsustainable in the eyes of law and on plain reading of FIR even basic ingredients necessary to constitute the offences as alleged are not made out. The prosecutrix/respondent No. 2 has failed to perform her conjugal liability and she herself left her matrimonial house. It is further submitted that there is no demand of dowry and no cruelty or misbehavior was done by the present petitioners. The FIR has been registered only on the basis of false facts. After registration of the FIR, directions given in the light of judgment passed by the Supreme Court in the case of Rajesh Sharma and Ors. vs. State of U.P. and Anr.; Criminal Appeal No. 1265 of 2017 [Arising out of Special Leave Petition (Crl.) No. 2013 of 2017], had not been complied with by the police. It is also submitted that one application filed by petitioner No. 1-husband under Sec. 9 of the Hindu Marriage Act, 1955 before the Family Court, Gwalior wherein respondent No. 2 was directed to reside with her husband. Thereafter, the respondent No. 2 has filed one application under Sec. 13(1) of the Hindu Marriage Act, 1955 before the Family Court which is still pending consideration. On these premises, learned counsel prayed for quashing of FIR and all consequential proceedings.