RAJKUMAR SAHU Vs. STATE OF M P

JUDGEMENT

(1.) Heard on admission.

(2.) Applicants have filed the present application under Section 482 of Cr.P.C. for quashing the proceeding of Criminal Case No.564/2011 pending before the JMFC Naugaon District Chhattarpur which is registered for commission of offence punishable under Section 498-A of IPC and Sections 3/4 of Dowry Prohibition Act. Learned counsel for the applicants submits that the respondent No.2, who is the complainant of the case was not residing with the applicant No.1 since last so many months. She has not lodged any FIR against the applicants prior to the present FIR. The applicant No.1 has filed an application under Section 13 of the Hindu Marriage Act against the respondent No.2 and in a counter blast she has lodged the present FIR against the applicants. Under such circumstances, the FIR as well as trial pending before the trial Court may be quashed.

(3.) At present it is apparent that the respondent No.2 is wife of applicant No.1 and the entire position depends upon the evidence that whether the complainant is making the correct allegations or a false FIR has been lodged against the applicants. When the matter is dependent upon the evidence, then it cannot be considered at this stage by filing an application under Section 482 of Cr.P.C. Secondly, it is settled principle of law by the Hon'ble Apex Court that if any alternative remedy is available, then High Court shall not interfere in the application filed under Section 482 of Cr.P.C. At present challan has already been filed and the applicants have an opportunity to raise all the objections before the trial Court. Under such circumstances, it is not a fit case in which any interference can be done. Consequently, the present application filed under Section 482 of Cr.P.C. is hereby dismissed at motion stage.