SABIR HUSSAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard finally.

(2.) This application has been filed under Sec. 482 of Crimial P.C. for quashing the Criminal Case No. 14629/2013 pending in the Court of ACJM Gwalior for offences punishable under Sections 498-A,506-B of I.P.C. and under Sec. 4 of Dowry Prohibition Act.

(3.) The necessary facts for the disposal of the present application in short are that the respondent no.2 was married to the applicant no. 1 on 21-10- 2012 as per Muslim Rites and Rituals. As she was harassed and treated with cruelty, for demand of dowry therefore, a F.I.R. was lodged by the respondent no.2 against the applicants for offences punishable under Sections 498-A,506,34 of I.P.C. and under Sec. 4 of Dowry Prohibition Act. First Information Report was lodged by the respondent no. 2 on 16-9-2013 alleging that She was married to the applicant no. 1 and at the time of marriage, the father of the respondent no.2 had given sufficient dowry as per his financial capacity. When the respondent no.2 reached her matrimonial house for the first time, all the applicants started passing taunts that sufficient dowry has not been given, and started demanding Rs. 2,50,000 for purchase of new house. When the respondent no.2 told her parents about the demand, it is alleged that with the help of senior members of the Society, the applicants were asked not to make demand. However, after some time, they again started demanding money and ultimately, her father gave Rs. 2.50 lacs to the applicants as she was being beaten regularly and even food was not given regularly. After the receipt of the amount of Rs. 2.50 lacs, the applicants kept the respondent no.2 properly but again they started demanding further amount of Rs. 2.50 lacs and started abusing, harassing her and they also used to extend threat to her life. They also used to say that unless and until, She brings further amount of Rs. 2.50 lacs, they would not keep her. From thereafter She is residing in her parents' house. She initially did not take any action in a hope that the conduct of her in-laws would improve but as She could not notice any change in the nature of her in-laws, therefore, F.I.R. was lodged.