RAM BARAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Sec. 482 of Crimial P.C. has been filed for quashing the FIR in Crime No.306/2014 registered by Police Station-Hazira, District-Gwalior for offence under Sec. 498- A of Penal Code and the charge-sheet filed on the basis of the said FIR.

(2.) The facts necessary for the disposal of this case are that the applicant was married to respondent no.2 on 06/05/2002 as per Hindu Rights and Rituals. A female child namely Astha was born out of the wedlock.

(3.) A FIR was lodged on 06/05/2014 by respondent no.2 alleging that she was married to the applicant on 06th May, 2002. Till the year 2007, her husband was treating her with cruelty and he used to beat her for demand of dowry as a result of which, she was not in a position to live peacefully. The baby child, who was born out of the wedlock, is now aged about 9 years. In the year 2013, her husband had filed an application for grant of divorce. As her husband had forced her, therefore, now she is residing in her father's house. After coming back to her parents' house, she narrated the entire incident to her father that her husband is constantly causing mental torture to her. On this FIR, the police registered the case for offence punishable under Sec. 498-A of IPC.