ALOK Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition under Section 482, Cr. P. C. has been filed by the applicants for quashing the proceedings pending before learned JMFC, Shajapur vide Criminal Case No. 198/2003 for the offences punishable under Section 498a of 1pc and Sections 3/4 of Dowry Prohibition Act.

(2.) IN nutshell the prosecution case against the applicants is that the complainant Smt. Garima Soni was married with co-accused Yogesh Soni on 18. 4. 2000. Prior to marriage, her father had given Rs. 50,000 to her mother-in-law Munnidevi for purchasing jewellery and cloths and in marriage L. G. Fridge, T. V. , Washing Machine, Usha Cooler, Splendor Motor Cycle, Gas Stove, Godrej Almirah, Dressing Table etc. were given. Despite of satisfactory dowry or/gift given in marriage, the mother-in-law, brother-in-law, husband, sister-in-law; the applicant No. 2 Smt. Babita and her husband, brother-in-law; applicant No. 1 Alok were not satisfied and after reaching Bhopal she was ill-treated by them. They were beating her for bringing Rs. 1,03,000 as dowry. This amount was paid, even thereafter they did not satisfy and started demanding Maruti Car, Double Door Fridge, T. V. of 72 C. M. screen, T. V. Almirah, etc. and salary of the complainant Garima Soni who was at that time serving as Shikshakarmi Class-II. For fulfillment of their demand, they were giving her physical torture and threatened to eliminate her. The brother-in-law, Dr. Dharmesh was always threatened her to kill by giving slow poison. She was not provided sufficient food. On her body, some sort of chemical was applied by them and when she fell ill, no medical facility was provided. She was not allowed to have sufficient air and light. The acts of the accused persons were intimated by her to her parents through letters which have been seized by the police. Lastly her parents were called at Bhopal and the complainant was compelled to go to Shajapur along with her parents. She left her all belongings and gifts were given to her at the time of marriage and after marriage by her parents. Along with the complaint to police, she has also annexed relevant bills and documents. After coming to Shajapur, she lodged the written complaint in Shajapur Police Station, District Shajapur on 23. 9. 2002. On the basis of this complaint, the offences as mentioned hereinabove were registered by the Shajapur police against the applicants and three other persons and after investigation, charge-sheet was filed.

(3.) THE applicants and other co-accused persons pleaded for their discharge on the ground that false complaint was lodged by the complainant and no prima facie case worth for framing charge was made out. They have also raised the question of jurisdiction to try the case by the learned JMFC, Shajapur. According to the accused persons the acts of cruelty as alleged by the complainant in her written report and the statements of the witnesses were committed at Bhopal, therefore, in view of the provision under Section 177 of Cr. P. C. , the jurisdiction would lies with the Bhopal Court.