AVIJIT SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application under Sec. 482 of Cr.P.C. has been filed seeking quashment of FIR and subsequent proceedings in Crime No.108/2021 registered at Police Station Mahila Thana, Madan Mahal, Jabalpur, for offence under Ss. 498-A, 506 r/w Sec. 34 of IPC and Sec. 3, 4 of Dowry Prohibition Act.

(2.) Facts necessary for disposal of the present application in short are that respondent no. 2 lodged an FIR to the effect that she got married to the applicant on 23/4/2016 in Hotel Krishna, Napier Town, Jabalpur. It was a love marriage but it was attended by the family members of both the parties. At the time of her marriage, her mother-in-law Smt. Alka Sharma was in service and was posted in Chakrata (Uttarakhand). After four months of their marriage, she took voluntary retirement and shifted to Pune and she started residing with them. She started interfering with day to day working of respondent no. 2 and also used abusive language in order to mentally harass her. Her husband was also taking side of his mother. Her mother-in-law was not happy with the marriage of the applicant with respondent no.2. She had unnecessarily started claiming that as per astrologers, there are two marriages in the life of respondent no. 2 and accordingly, she was passing taunts. Whenever, they used to go to market, her husband used to quarrel with her and used to leave her in the market. When she narrated the incident to her mother-in-law, then she also did not try to convince her son / husband of respondent no. 2 but she also continued to pass taunts and also used to cause her mental cruelty. Her husband all the time started harassing her for demand of dowry and also started demanding flat and car. Since her father had already retired and had no independent source of income and whatever bank saving he had, were already spent, therefore, she did not narrate the incident to her father. Thereafter, her mental and physical harassment continued and the demand of costly T. V. costly Camera and its lenses were being made. Respondent no. 2 had also spent money out of her savings. Later on, demand of costly articles continued. She also purchased costly Drone, triple door fridge, Microwave and other household articles. Although, the marriage was not arrange marriage and it was love marriage but immediately after the marriage, her husband had raised demand of dowry. He was in the habit of strangulating her. After the marriage, she came to know that her husband is not physically fit and in spite of various suggestions, he did not go to the doctor and on the contrary, he started assaulting her physically as well as mentally. Seven months have passed but she has not conceived. Every time her husband had given a threat to give divorce and accordingly, he is causing mental harassment to her. Whenever, she tried to convince him, he extended a threat that he would leave the house and change his mobile number. She has an apprehension that since her husband has no property and no permanent address, therefore, her husband may leave the country at any point of time and may spoil her life and therefore, it is prayed that passport of her husband may be forfeited so that her husband may not go to foreign country. In the meanwhile, her mother-in-law went to America to reside with her daughter and her son-in-law and now, her husband is also intending to leave the country and accordingly, it was prayed that his passport should be immediately seized. She has also apprehension that his husband may change mobile number and address so that his whereabouts may not be located and he may also leave the country. It was further alleged that she was not being given the personal information like bank account, social media account and information regarding her private life etc. In the month of January, her husband came to Jabalpur and during that stay also, he assaulted and caused physical injury to her. When her parents came to know about the behavior of her husband, then they also tried to convince him and ultimately he took her to Hyderabad and they were working in two different companies in Hyderabad. Because of mental and physical harassment, she had mentally broken down and therefore, in order to ensure her personal security, she came down to Jabalpur and is residing in her parental home from the month of August and now, her husband and her mother-in-law have stopped talking to her and her mother inlaw has also shifted to abroad to live along with her daughter and sonin-law. No attempt was ever made by her mother-in-law to reconciliate between respondent no. 2 and her husband. On the contrary, she was also harassing her and she also deprived her from love and affection of mother-in-law. Even after, she came back to Jabalpur, her husband is continuously threatening that neither he would come to Jabalpur nor he would take her back and he was always insisting that she should get separated and he is in the contact of other ladies and also in the habit of talking to them on mobile. In spite of her various efforts, her husband has stated that neither he would talk to her parents nor would talk to any of her relatives and in case if respondent no. 2 makes any attempt to contact him, then he would change his address, place, mobile number etc. Since her husband has Visa of America also, therefore, it was prayed that passport of her husband may be seized and an FIR be lodged.

(3.) Challenging the FIR, it is submitted by counsel for the applicant that in the FIR there is no specific incidence of atrocities / harassment committed by the applicant. Even if the entire allegations are accepted, then it is clear that most of the atrocities were committed at Pune and, therefore, the Police Station Mahila Thana, Madan Mahal, Jabalpur has no territorial jurisdiction to investigate the matter. Even otherwise, the Supreme Court in the case of Lalita Kumari Vs. State of U.P. reported in (2014) 2 SCC 1 has held that in the family affairs, a preliminary enquiry should be conducted and since, the FIR was lodged directly without conducting any preliminary enquiry, therefore, the FIR is bad.