BHAGWAT TRIPATHI Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Section 482 Cr.P.S. has been filed to invoke the extraordinary jurisdiction of this Court and to quash the proceeding of Criminal Case No. 5323/2012, pending in the Court of JMFC, Bhopal, against the petitioner for the offence under Sections 498-A, 294 and 506, read with Section 34 of the IPC.

(2.) Bereft of the unnecessary details, the facts just necessary for disposal of this petition are that marriage of the respondent No.2 was solemnized on 24.05.2001 at Rewa with Manoj Tripathi, the son of respondent No.1 and brother of petitioner No.3, in other words the petitioner No.1 Bhagwat Tripathi and petitioner No.2 Sushma Tripathi are the parents-in-law and petitioner No.3 is the sister-in-law of the complainant/respondent Bhavna Tripathi. At the time of marriage father of the complainant spent about Rs. 30,00,000/-. After the marriage, the respondent lived with the husband at Bangalore from 2003 to 2008. Subsequently lived at Mumbai from 2008 to 2012. They also lived at Bhopal for some time. For demand of dowry the complainant had been harassed by the applicants. The complainant narrated all the details about the so-called harassment committed by the petitioners and the husband of the complainant in the written complaint dated 20.11.2012. It is also contended by the complainant that the accused persons and her husband Manoj Tripathi subjected her to cruelty and harassment for demand of dowry. On her report, Police Mahila Thana, Bhopal lodged the report at Crime No. 126/2012, for offence under Section 498-A, 294, 506 and 406, read with Section 34 of the IPC. The Mahila Thana subsequently after investigation filed a charge-sheet, which resulted into Criminal Case No. 5323/2012.

(3.) The learned JMFC vide order dated 19.03.2015 has framed charges against the petitioners for the said offences. The petitioner filed separate revisions challenging the framing of charges having Cr.R. No. 320/2014 filed by the petitioner No.3 and Cr.R. No. 319/2014 filed by the petitioner Nos.1 and 2. Both the revisions were dismissed by 14th ASJ, Bhopal maintaining the order dated 19.03.2015.