SHUBHAM Vs. STATE OF M.P

JUDGEMENT

(1.) This petition under Sec. 482 of Cr.P.C. has been filed for quashment of F.I.R.No.420/2022 dtd. 25/7/2022 registered at P.S.- Lalbag, Burhanpur against the applicants for commission of offence under Sec. 498-A, 294, 323, 506 of IPC and Sec. 3 & 4 of Dowry Prohibition Act, 1961.

(2.) The facts giving rise to this petition are that on 25/7/2022 respondent No.2/wife who was married with applicant No.1/husband on 21/11/2021 filed an application in writing before police Lalbag alleging that her marriage was solemnized with applicant No.1 as per Hindu tradition and rites. On the next date of marriage i.e 22/11/2021, her husband's grand father left for heavenly abode, therefore, applicants started torturing her by saying that she has brought misfortune to their house. They also started torturing her for not bringing sufficient dowry and asked her to bring Rs.5.00 lakhs from her parents towards dowry. They also started to beat her. Applicants No.2 and 3 father-in-law and motherin-law use to abate / instigate their son applicant No.1 against respondent No.2 and on account of abatement/incitement, applicant No.1/husband use to torture and beat respondent No.2/wife.

(3.) After sometime, applicant No.1/husband took her to Gujrat. There also he harassed her. After some days, they returned to Nagpur. She narrated the entire incident to her parents on phone and called her brother Prashant to Nagpur and left her matrimonial home on 16/6/2022 and reached to her parental home at Laxminagar, Burhanpur. She had narrated the entire incident to her parents, brother and other relatives. On 23/7/2022, applicant No.1/ husband and applicant No.2/father-in-law came to Burhanpur and outside One Stop Center, her father-in-law told that unless they fulfill the demand of Rs.5.00 Lakh, they will not fetch respondent No.2 to the matrimonial home. When she asked her husband that her father does not have so much amount to give as dowry, applicant No.1/husband abused and slapped her and told that if she attempted to come back to matrimonial home without bringing Rs.5.00 lakhs, he will eliminate her. On the basis of the complaint filed in writing, F.I.R was registered and matter is still under investigation.