ALOK LODHI Vs. STATE OF MP

JUDGEMENT

(1.) This petition under Sec. 482 of CrPC has been filed to quash FIR at Crime No.418 of 2019 registered by Police Station Kotwali, Ashok Nagar for offence u/Ss.498-A, 506, 34 of IPC and other subsequent proceedings initiated therefrom.

(2.) Factual matrix of the case, in short, are that on 01/08/2019 at around 07:23 pm, the complainant (herein respondent No.2) along with her brother Santosh Lodhi, made a written complaint at Police Station Kotwali, District Ashok Nagar stating therein, that her marriage was performed on 12/12/2016 with one Alok, resident of Indore and her father had given sufficient dowry including spent of Rs.15.00 lac for her marriage and had given cash of Rs.15.00 lac at the time of "Tika". After some days of her marriage, her in-laws started demanding dowry and also, committed "marpeet" with heron 30/1/2018 and thereafter, turn out of her in-laws house. It is further alleged that the complainant made a report at PS Tilak Nagar, Indore. In February, 2019, although her father had called her husband and in-laws many times, but they avoided and she had also made a complaint before the Conciliation Centre but no fruitful purpose could be served. It is further alleged that her husband(petitioner No.1), brother-in-law/Devar (petitioner No.2), father-in-law (petitioner No.3) and sister-in-law/Nanand (petitioner No.4), who are Residents of 309, Block -B, Subhlabh Beli Scheme No. 140, Tilak Nagar, Tahsil and District Indore, are demanding Rs.15.00 lac for purchase of a flat and if she did not fulfill the same, they could not keep her in house and would kill her. On that basis, aforesaid FIR has been lodged.

(3.) Learned counsel appearing for the petitioners submitted that the entire allegations are completely false and FIR itself lodged with clear motive to harass and pressurize the petitioners. The complainant is a quarrelsome lady and used to quarrel with her in-laws as she has no interest to live peacefully with them and even she does not want to live with her husband. The attitude as well as conduct of complainant towards her in-laws is not good since the date of marriage. In this regard, a complaint to the SP as well as DM, Ashok Nagar has been made vide Annexure P2 and P3. On account of conduct and behaviour of complainant, her husband (herein petitioner No.1) filed a petition under Sec. 13 of the Hindu Marriage Act for dissolution of marriage before Principal Judge, Family Court Aligarh (UP) on 13/08/2018. The petitioner No.3 who is the father-in-law of complainant, has also filed a complaint before the Court of AJCM, Aligarh on 27/7/2019 under Ss. 406, 504 of IPC against the complainant and her family vide Annexure A5. On the basis of counter-blast, the complainant has falsely lodged the present FIR against the petitioners. It is further submitted that the marriage of petitioner no.4, who is sister-in-law of complainant is living separately at Bhopal whose marriage was performed prior to the date of marriage of complainant. There is no specific allegation either in regard to demand of dowry or harassment against the petitioners and only omnibus and vague allegations have been made against them in order to harass and pressurize them to attract offence under Sec. 498A of IPC. Therefore, the impugned FIR itself is nothing but a clear abuse of process of law and it has been made with a revengeful intent and only with an intention to wreck vengeance as against the petitioners, a false FIR has been lodged, therefore, the same deserves to be quashed. In support of contention, counsel for the petitioners has relied upon the recent judgment of Hon'ble Apex Court in the matter of Kahkashan Kausar alias Sonam and Others vs. State of Bihar and Others, delivered on 8/2/2022 in Criminal AppealNo.195 of 2022 (arising out of SLP (Crl.) No. 6545 of 2020.