HEMANT PANDEY Vs. STATE OF M.P

JUDGEMENT

(1.) The petitioner has preferred this petition under Section 482 Cr.P.C, 1973 for quashment of F.I.R at Crime No. 260/2017 registered at Police Station Damoh Dehat, for offence under Sections 498 A, 323 of I.P.C read with Section 3 /4 of the Dowry Prohibition Act.

(2.) The factual matrix as appeared from the F.I.R is that the complainant/respondent No. 2 lodged F.IR at Damoh Dehat, stating that she is the resident of Motinagar, Sagar. She got married to petitioner on 11.06.2015 who is serving as a medical representative. Due to their wedlock, a son is born. Now he is fourteen months old. Her maternal home is at Shrivastava Colony, Damoh. During her marriage, sufficient dowry was given by her parents. After two months of her marriage, the petitioner/accused demanded more dowry. She informed the same to her parents. But as they are not capable to full-fill the demand, they could not give more dowry. Because of the cruelty and harassment caused to her by the petitioner, she was mentally and physically tortured for demand of dowry. She left her matrimonial home and started living with her parents at Damoh.

(3.) On 23.05.2017 at about 5 pm, the petitioner came to Shrivastava Colony, Damoh and not only she was assaulted but he tried to strangulate her. She was also slapped thrice by the petitioner/accused. He also tried to take away the child from her. He told her that he will not keep her. On the following day, she lodged the report. On this report, she was medically examined. The statement of the witnesses were recorded under Section 161 Cr.P.C , 1973and the charge sheet has been filed, against the petitioner.