BANKELAL PRAJAPATI Vs. STATE OF M. P.

JUDGEMENT

(1.) This petition under Section 397/401 of Cr.P.C. has been preferred by the petitioners challenging the order dated 04.10.2016 passed by Judicial Magistrate First Class, Gwalior in Criminal Case No. 5422/2016 wherein the trial Court has framed charge against the petitioners under sections 498-A, 323 and 34 of IPC.

(2.) Prosecution story, in short, is that complainant Pushpa was married with the petitioner No.1 on 2.3.1995. On the said wedlock, three daughters have born, viz., Richa aged 19 years, Vaishali aged 16 years and Namrata aged 12 years. Soon after marriage, the complainant started torturing the petitioner for residing separately from the parents, who are old and infirm. When the petitioner refused to leave separately, the complainant started mental and physical cruelty in order to blame the petitioner and his parents in the society.

(3.) On 23.6.2008, the complainant attempted to kill mother of the petitioner and the matter was reported to Police. The complainant on 2.7.2016 lodged a complaint against the petitioners but there is no single word regarding demand of dowry, despite the Police had registered case under sections 498A, 323 and 34 of IPC. After registration of FIR, the investigation has been carried out but in the statement recorded under section 161 Cr.P.C., there is no allegation of demand of dowry.