GULAB SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The applicants have preferred this application under Section 482 of Cr.P.C. for quashing the proceeding of Criminal Case No.666/2007 pending before the Judicial Magistrate First Class, Bareli District Raisen (Shri K.N.Singh).

(2.) The brief facts of the case are that the respondent No.2 is the wife of applicant No.5. Marriage of this couple took place long back. Respondent No.2 had lodged an FIR against the applicants, but a compromise took place between the parties, and therefore the complainant turned hostile before the trial Court. Under such circumstances, the applicants were acquitted in that case. After sometime in the year 2007, applicant No.5 Akhilesh prosecuted a petition under Section 13 of the Hindu Marriage Act, in which the application under Section 24 of the Hindu Marriage Act was accepted by the trial Court. Thereafter respondent No.2 moved the police and present crime was registered against the applicants for commission of offence punishable under Sections 498-A and 506 of IPC read with Sections 3/4 of Dowry Prohibition Act.

(3.) Learned counsel for the applicants has submitted that the respondent No.2 is quarrelsome woman and when proceeding under Section 13 of the Hindu Marriage Act was initiated, she lodged an FIR as a counter blast only to harass the applicants. In such circumstances, a false case has been registered against the applicants, and therefore proceeding pending before the JMFC Bareli District Raisen may be quashed. Learned counsel for the applicants has relied upon the judgments of the Hon'ble Apex Court in the case of "Bhushan Kumar Meen Vs. State of Punjab & others, 2011 8 SCC 438" and in the case of "Arvind Barsual (Dr.) & others Vs. State of MP, 2008 5 SCC 794". He has also relied on the judgment of this Court in the case of "Randeep Jaggi & others Vs. State of MP"