SUNIL LOKHANDE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973, hereinafter referred to as "the Code", has been filed by the applicant for quashment of the FIR registered as Crime No.324/15 at Police Station -Kamlanagar, Bhopal for offence punishable under Section 498 -A of IPC.

(2.) As per contentions of the application filed by the applicant husband that the marriage between him and the respondent No.2 solemnized on 05.05.2011 at Bhopal according to Hindu custom and out of this wedlock, a female child born in the year 2012. After some time the respondent No.2 started living with her parents without justified reasons, blaming the applicant at T.T. Nagar, Bhopal. Meanwhile, she filed complaint under the Domestic Violence Act as well as application for maintenance under Section 125 of the Code against the applicant. When an application under Section 9 of Hindu Marriage Act has been filed by the applicant on 02.07.2015 before Family Court, Bhopal, thereafter on 15.07.2015, the respondent No. 2 lodged the FIR against the applicant making allegation with regard to demand of dowry with cruelty, hence this petition.

(3.) Learned counsel for the applicant submitted that immediately after filing the application (Annexure A -2) under Section 9 of Hindu Marriage Act on 02.07.2015, on a counter blast, the respondent No.2 lodged the FIR on 15.07.2015 which is after delay of about six months mentioning the date of incident as 18.01.2015. Relying on the case of Prashant Bharti vs. State of Delhi, (2013) 9 SCC 293 decided by the Apex Court. It is further submitted that the proceedings with criminal trial against the applicant would result in abuse of process of Court and would not serve ends of justice, hence, the criminal proceedings initiated against the applicant on the basis of FIR, dated 15.07.2015 and consequential criminal trial proceedings thereto, deserves to be quashed.