ACHIN PHULRE Vs. STATE OF M.P.

JUDGEMENT

(1.) By this petition under Sec. 482 of the Cr.P.C., the applicants seek quashment of the FIR registered against them under Sec. 498-A of I.P.C. and Sec. 3 and 4 of the Dowry Prohibition Act.

(2.) Applicants No.1, 2 and 3 are respectively husband, father-in-law and mother-in-law of the aggrieved wife/complainant, who lodged a written complaint at Police Station, Sirali on 13/3/2021, which was registered at Crime No.72/2021, alleging that between the period 18/1/2020 to 13/3/2021, she was harassed and subjected to cruelty, both physical and mental for not bringing enough dowry. She has further stated that number of times her family members and relatives tried to intervene and mediate to resolve the issue, but to no avail. She has further stated that when she went to parental home for Rakhi, she was asked not to return without the dowry amount. Her husband and father-in-law came to Sirali on 20/8/2020 and again made a demand for money. She has made a specific allegation that her father-in-law tore the cheque of Rs.2.5 lakhs given by her father, as it was not according to their demand. On an assurance given by her father, they took the complainant back to Bhopal. However, there she was again treated with cruelty. On coming to know about her pitiful condition, her brother and relatives took her back to her parental house on 12/10/2020. Thereafter, the applicants have neither had any contact with her nor made any enquiries about her, in such circumstances, she was compelled to file the complaint.

(3.) The contention of learned counsel for the applicants is that the applicants have been falsely implicated. The aggrieved wife on her own left for her parental home. It is argued that all the allegations made in the FIR regarding cruelty and harassment alleged to have taken place at matrimonial house at Bhopal, no overtact has been alleged at her parental home at Sirali, after she had left the matrimonial home. In these circumstances, the offence of cruelty having been committed in the matrimonial home does not amount to a continuing offence committed in the parental home to which place the wife/complainant may have later shifted. Thus, the registration of FIR and the consequent investigation being carried out by the police authorities of police station Sirali, district Harda is unlawful and without jurisdiction, in view of Sec. 177 and 178 of Cr.P.C. Reliance is placed on the judgment passed in the case of Gurmeet Singh Vs. State of M.P. (2006) 1 MPLJ 250, wherein it has been observed:-