RAMJILAL SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been preferred by the petitioners for quashing of First Information Report against the petitioners by Police Station City Kotwali, District Morena in connection with Crime Ramjilal Sharma & Ors. vs. State of M.P. & Anr. No.1026/2019 for the offences punishable under Sections 498-A, 323, 506/34 of I.P.C.

(2.) The facts leading to filing of present petition are that petitioner No.1 is the father-in-law, petitioner No.2 is the brother- in-law(Jeth), petitioner No.3 is the sister-in-law(Jethani) and petitioner No.4 is the husband of respondent No.2. Petitioner No.4-Ravindra Sharma was married with respondent No.2-Smt. Madhu Sharma on 29/04/2015. Out of wedlock of the petitioner No.4 and respondent No.2, one son was born who is presently 3½ years old. According to the prosecution story, the FIR was lodged on 30/09/2019, stating therein that respondent No.2/complainant was married on 29/04/2015 with petitioner No.4- Ravindra Sharma and in the marriage, the cash and other house hold articles were given by the parents of the respondent No.2 to the petitioners. It is also alleged that right from beginning, all the petitioners were harassing the respondent No.2. Respondent No.2 had left the house of the petitioners on 25/06/2016 and started living with her parents. When the respondent No.2 was not residing with the petitioner No.4, petitioner No.4 filed a petition under Section 9 of Hindu Marriage Act for restoration of conjugal rights before the Family Court on 19/06/2018 and the notices were issued to the respondent No.2.

(3.) Learned counsel for the petitioners has submitted that the petitioners are innocent and have not committed any offence. They have been falsely implicated in the case. The respondent No.2/complainant herself denied to reside with the petitioners which is reflected from Annexure A/1, wherein it is specifically mentioned that the complainant of the case started living with her father immediately after marriage. Similarly, copy of Ration Card (Annexure A/7) reflects that from the year 2016 onwards, the respondent No.2 is residing in her parental house. Petitioner No.1-Ramjilal Sharma is in government job and has falsely been implicated in the case. The FIR lodged against him is baseless. The FIR is a counter blast to the notices issued by the Family Court on 19/06/2018. The respondent No.2 appeared before the Family Court but she did not disclose anything in respect of lodging of FIR or any kind of harassment allegedly caused by the present petitioners. Hence, learned counsel for the petitioners prays for quashing of the FIR registered at Crime No. 1026/2019 and its consequential proceedings.