REETA SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) With the consent of parties matter is finally heard.

(2.) After completion of investigation, charge-sheet was filed in the Court of CJM, Shivpuri for the offence punishable under Section 498-A of IPC read with Section 3/4 of Dowry Prohibition Act and the case was registered as Criminal Case No. 535/13.

(3.) Learned Counsel for the petitioners submitted that in the instant case FIR was lodged by the complainant on 6-4-2013 while prior thereto neither any police complaint was made by the complainant nor any private complaint was preferred by her before any Court despite having ample opportunity as according to FIR she went twice in her paternal home. It was also submitted that prior to this FIR, an application under Section 9 of Hindu Marriage Act was filed by petitioner No. 3/husband on 4th September, 2012 before learned District Judge, Shivpuri for restitution of conjugal rights. In that case, on 4-2-2013 respondent No. 2 appeared and as a counter blast of that proceedings, present FIR has been lodged by the complainant/respondent No. 2.