KAUSAR KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) By this petition preferred under Sec. 482 of the Code of Criminal Procedure, the petitioners/accused have prayed for quashment of charge sheet dtd. 23/12/2020 forming subject matter of RCT No.594/2021 pending before the Judicial Magistrate, First Class- Indore arising out of Crime No.277/2020 registered at Police Station MIG, Indore for offences punishable under Sec. 323, 294, 498-A, 34 of the IPC.

(2.) As per the prosecution, on 26/6/2020 a report was lodged by the complainant/respondent No.2, to the effect that she was married to accused No.5 on 31/1/2018. At the time of marriage her parents had given considerable amount of articles to the accused by way of dowry on demand having been raised by them in that regard. They included jewelry also. Her mother-in- law, accused No.1 was however dissatisfied with the quantity of the dowry and immediately after marriage started ill- treating her. She used to instigate accused No.5 who consequently used to abuse her. Accused No.3 Wasim had once brought a meat of deer and she was asked to cook the same and upon her refusal accused No.5 had beated her. Once he had turned her out of the house and had not opened the door. He used to get angry time and again and used to beat her. He had asked the complainant to ask her father to get a flat for them at Ranade Compound. On 3/8/2018 accused No.5 found out that she is pregnant whereupon he beat her and forced her to get an abortion done. In October, 2019 he again repeated demand for a flat. The same was also done by accused No.1. Accused No.5 used to have physical relationship with her against her will as a result of which her health deteriorated but he did not get her treated. In December, accused No.2 and 3 came to her father and asked him for a flat at Ranade compound. On 24/1/2020 when she went to her matrimonial house she was turned out of the same.

(3.) On lodging of the report by the complainant, FIR was registered and investigation was commenced during the course of which statements of various witnesses were recorded and after completion of investigation charge sheet has been filed by the Police before the Court concerned.