DHANANJAY JAISWAL Vs. STATE OF M P

JUDGEMENT

(1.) INVOKING extra-ordinary jurisdiction of this Court under Section 482 of the code of Criminal Procedure (henceforth the 'code'), the applicants have filed this petition for quashing the FIR registered at P. S. Saunsar, District, chhindwara as Crime No. 243/2002 and also the criminal proceedings pending before Additional Chief Judicial Magistrate, Saunsar, arising therefrom.

(2.) THE applicant No. 1 is the husband of respondent No. 2, Preeti jaiswal. Their marriage was solemnized on 21-5-2002. Applicant No. 2, Sanjay jaiswal, is elder brother of applicant No. 1, Smt. Vanita is the wife of applicant no. 2 and Smt. Rajeshwari, the applicant No. 4 and Smt. Usha Anand Jaiswal, the respondent No. 5, are Mousis (mother's sisters) of applicant No. 1.

(3.) ON 27-10-2002, respondent No. 2 lodged a report against the applicants alleging that in her marriage various presents including golden ornaments, television, fridge, cooler, almirah and utensils were given. After her marriage she lived in her matrimonial home for about 2-1/2 months. The applicants used to tell her that her father has not given adequate dowry. They used to tell her to bring Rs. 4 lacs and used to treat her like servant. Other applicants used to instigate applicant No 1 to insist for more dowry. The applicant No. 1 used to assault her. She informed her father on telephone about the ill-treatment meted out to her by her husband and his relatives. Thereupon, on 17-8-2002, her brother brought her to Saunsar from Hyderabad. After reaching Saunsar when she had a telephonic talk with her husband, he blamed her with a stigma on her character. It was also stated by the complainant in the fir that because of the cruelty and harassment meted out to her by the applicant she is living with her father.