AMAN Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard finally, with the consent of the parties.

(2.) This petition has been filed by the petitioners under Sec. 482 of Cr.P.C. for quashing the FIR lodged at Crime No.163 of 2021 on 4/3/2021, at Police Station - Chandan Nagar, Indore under Ss. 354(A), 354(B), 376, 323, 294, 506, 34 & 498A of IPC and Ss. 3 & 4 of The Dowry Prohibition Act, 1961, and the subsequent proceedings arising out of the aforesaid crime number.

(3.) In brief, the facts of the case are that the aforesaid FIR was lodged by the complainant/respondent No.2 alleging that she was harassed by the petitioners, who committed the aforesaid offences against her as she was married to petitioner No.1 Aman Tiwari on 26/2/2020. The FIR has been lodged almost after one year of the marriage. As per the FIR, the petitioner No.1 Aman Tiwari and respondent No.2 solemnized a love marriage on 30/1/2020, as both of them were working as teachers in Engineering College at Rau, District - Indore. It is alleged that the complainant's side spent more than Rs.10.00 lakh in the marriage, however, soon after the marriage, the family members of the petitioner No.1 started harassing the respondent No.2 wife for not bringing the adequate dowry. They also started saying that if they had married their son to some other place, they would have got huge dowry and a car. It is also alleged that the mother-in-law of the respondent No.2 forcibly took the ornaments from the complainant and kept with her. It is also alleged that the complainant was subjected to unnatural intercourse and her husband's brother also started outraging her modesty, and used to abuse and beat her also. It is also alleged that one night when she was sleeping with her husband, her husband called his brother petitioner No.4 Arjit to sleep between them, who also kept his hand on her, and at that time her husband also demanded unnatural sex from her in front of her brother-in-law, and she was also assaulted on the said night and when she informed her mother-in-law about the same, she also stated that it must be her own fault. It is also alleged in the FIR that her husband also tore her clothes and took a video of her and also used to force her to watch porn videos. It is also alleged that her husband had also taken her video of their first night and was threatening her that he would viral the same. It is also alleged that her husband was in contact with one Narendra Bariya and Sanjay Soni, whereas he used to treat Narendra Bariya as his Guru, and he also told her that these people will also have a right on her body and on one such day, both these persons were also tried to outrage her modesty, however, she ran away, but she was threatened not to report the incident to any person, however, she got an FIR registered against the said persons, but after they were released on bail, they have again started harassing her, and his husband also told her that he has already sold her to Sanjay for a sum of Rs.2.00 lakh, and that she should start residing in their Aashram as Daasee. Thus, it is alleged that when the atrocities committed by the accused persons became unbearable, she has lodged the report. She has also stated that all the videos are also lying with accused Aman Tiwari.