ASHISH Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of Cr.P.C. for invoking the inherent powers of this Court for quashing the FIR and further proceedings of Criminal Case No. 15963/2013 pending in the Court of JMFC, Gwalior, in connection with Crime No. 581/2013 registered under Sections 498-A, 506/34 of IPC at police Station, Kampoo, Distt. Gwalior.

(2.) The brief facts of the case are that on 8.11.13 the complainant/respondent No. 2 has lodged a report against the petitioner and his family members at police Station, Kampoo, Distt. Gwalior, alleging that her marriage got solemnized with the petitioner on 19.2.2007 in which her father gave jewellery and other items total worth Rs. three lacs and one motorcycle in dowry. It is further alleged that petitioner and her parents used to demand Rs. 80,000/- more and five Beegha of land and also used to harass her physically and mentally on account of not fulfilling the demand of dowry. It is further alleged that petitioner and his family members beat her on 3.11.13, 5.11.13 and 7.11.13. Thereafter, she lodged the report on 8.11.13. On this report, the police registered the offence under Sections 498-A, 506/34 of IPC at Crime No. 581/13 against the petitioner, his parents, brother and sister and after completion of the investigation submitted the charge-sheet against them and the case is pending before the learned trial Court.

(3.) Learned counsel for the petitioner submitted that complainant/respondent No. 2 lodged a false report against the petitioner mentioning wrong facts and suppressing the original facts. He further submitted that earlier also complainant/respondent No. 2 had lodged an FIR (Annexure A/2) against petitioner and his parents which was registered under Section 498-A, 506 read with Section 34 of IPC and Section 4 of the Dowry Prohibition Act at Crime No. 33/12 at police Station, Mahila Thana Padav, Distt. Gwalior. In that case, police Station Mahila Thana Padav submitted the charge-sheet against petitioner and their parents before the trial Court. The learned trial Court, after trial, acquitted all the accused persons including the petitioner vide judgment dated 31.12.12 passed in Criminal Case No. 4125/12. It is also submitted that complainant/respondent No. 2 has suppressed these facts of the earlier FIR in the present report. It is also submitted that petitioner had filed a suit under Section 13 of the Hindu Marriage Act on 21.5.2010 against respondent No. 2 which is still pending in the Family Court as Case No. 30-A/2010 HMA and after filing of that petition respondent No. 2 has lodged this false report against the petitioner and his family members. It is also submitted that allegations in both the FIRs are same and as per Section 300 of Cr.P.C. no person can be prosecuted more than once for the same offence and the law does not permit further prosecution of the accused on the same facts. In support of the submissions, learned counsel placed reliance on the decision of Rafiq Khan and another v. Jamila Bee and another, 1999 1 JabLJ 388. In view of the aforesaid, learned counsel prays for quashing of the FIR as well as further proceedings of Criminal Case No. 15963/13 pending in Court of JMFC, Gwalior.