JEEVAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This application is filed under section 482 of Cr.P.C. for quashment of FIR arising out of Crime No.806/2012 registered at Police Station ­ Lasudia, District ­ Indore under section 498 -A of IPC and the proceedings in Criminal Case No.36466/2012 pending before learned Additional Chief Judicial Magistrate, Indore.

(2.) The brief facts and the background giving rise to this application are that present applicants are facing trial before learned Additional Chief Judicial Magistrate in the aforementioned criminal case. Present applicants filed criminal revision before the Sessions Court which was registered as Criminal Revision No.318/2012 and disposed of by 9th Additional Sessions Judge, Indore. The revision was dismissed and aggrieved by such order, present applicants filed an application under section 482 of Cr.P.C. before this Court which was disposed of in MCRC No.5268/2013 dated 04.07.2013. This Court while disposing of the application observed as under: -

(3.) In compliance of the direction issued by this Court in aforementioned MCRC, the matter was again considered by the concerning court and by the impugned order dated 05.12.2013, the Court found that though, present applicants were living separately from the complainant, however, there is no evidence that they did not visit the matrimonial house of the complainant, therefore, it cannot be presumed that they were not involved in commission of crime. Hence, in that view of the matter, the Court proceeded to frame charges against the present applicants under section 498 -A of IPC. Aggrieved by this order in the second round of litigation, this application is again filed against the impugned order passed by the concerning court dated 05.12.2013 on the ground that present applicants were falsely implicated in the case. The complainant was married to Gokul Singh on 07.05.2009. Applicant No.1 Jeevan Singh is son of elder brother of father of the husband Gokul Singh. He lives separately. Applicant No.2 Sardar Singh is brother -in -law and husband of sister of the husband of the complainant, who lives in village ­ Hatod, Tehsil ­ Sardarpur, District ­ Dhar. He is not part of the family and has nothing to do with demand of dowry in this matter. Applicant No.3 Babita Singh is sister -in -law of the complainant and sister of the husband of complainant. She is married for the last 8 years and lives in matrimonial house with her husband. According to the applicants, there are only omnibus allegations against the present applicants and no case is made out against them. They are only implicated in the case for harassment.