SHIVDULARE SINGH KAURAV AND ANOTHER Vs. SMT. RAJKUMARI

JUDGEMENT

(1.) Petitioners vide instant petition invoked extraordinary jurisdiction of this Court under section 482 of the Code of Criminal Procedure, 1973 (Cr.PC) for quashing their prosecution under Section 498-A of IPC and Section 3/4 of the Dowry Prohibition Act in connection with Criminal Case No. 530/2014, registered in the Court of Judicial Magistrate First Class (JMFC), Lahar district Bhind.

(2.) The facts giving rise to this petition are that the respondent Smt. Rajkumari was married with Jitendra Singh Kaurav on 17.2.2012. The petitioners No. 1 and 2 are father and mother of Jitendra Singh Kaurav, respectively. The complainant/respondent filed a private complaint on 8.1.2014 before the JMFC Lahar against the petitioners along with her husband Jitendra Singh Kaurav with the allegation that her father gave sufficient dowry at the time of her marriage but she is continuously being harassed by the petitioners for demand of Scorpio vehicle. It is further alleged that the respondent Raj Kumari Bai was beaten by the petitioners with respect to demand of dowry and they threatened her to be deserted from her matrimonial house if the demand is not fulfilled. On 23.4.2012 petitioners along with their son Jitendra Singh came to drop her to her parental house and they beaten her. Thereafter, they used to visit the house of the respondent's parents and during their visit the petitioners beaten her and repeated their demand of Scorpio vehicle and threatened that if their demand is not fulfilled, they will perform second marriage of Jitendra Singh. The respondent submitted a complaint and requested to register the FIR against the petitioners but the police did not take any action prompting the respondent to file complaint case before the JMFC, Lahar under section 200 of the Code of Criminal Procedure, 1973.

(3.) After filing of the complaint, the JMFC recorded the statements of the respondent and her witnesses under Section 200 and 202 of Cr.PC and on the basis of complaint and statements of the witnesses took cognizance for the offence punishable under Section 498-A of IPC. In order to seek quashing of criminal proceedings, the instant petition has been filed.