RAJ KUMAR GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision is directed against order dated 10.08.2018 passed by the Court of learned Second Additional Sessions Judge, Sidhi in Sessions Trial No.131/2018; whereby, a charge under Sections 498-A and 313 read with section 34 of the IPC and Section of Dowry Prohibition Act has been framed against petitioner/accused persons Premwati Gupta, Krishan Kumar Gupta and Rajkumar Gupta.

(2.) As per the prosecution case before the trial Court, victim Ranjana Gupta had married co-accused Pushpraj Gupta on 20.04.2016. Petitioner Premwati is victim's mother-in-law, Raj Kumar Gupta is victim's elder brother-in-law (Jeth) and Krishna Kumar Gupta is victim's younger brother-in-law (Devar). It has been alleged in the first information report that after the marriage, her husband used to harass and persecute the victim in connection with his demand for dowry. The present petitioners supported aforesaid demand. Thereafter, her husband got victim's fetus detected for sex selection and finding that the fetus was female, got it aborted against her wishes. It has further been alleged in the statement of the victim under Section 161 of the Code of Criminal Procedure that 3-4 months after the date of the marriage, present petitioners along with co-accused Pushpraj used to demand dowry. They used to filthily abuse the victim and used to beat her. The victim complained about the behaviors of the petitioners to her parents, who had tried to make the petitioners see reason;

(3.) Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. There are no specific allegations against the petitioners. The petitioners used to live separately from the estranged couple. In these circumstances, the trial Court committed grave error in framing charge against the present petitioners; therefore, it has been prayed that the charges framed against the present petitioners be quashed and petitioners be discharged in the matter.