SURESH AHIRWAR Vs. PRIYA AHIRWAR

JUDGEMENT

(1.) The applicants have filed this petition under Section 482 of Cr.P.C., for invoking the extraordinary jurisdiction of this Court and to quash the criminal complaint dated 01.05.2017 filed by respondent under Sections 12, 18, 19, 20 and 22 of the Prevention of Women from Domestic Violence Act, 2005 (for brevity 'PWDV Act, 2005') pending before learned J.M.F.C., Bhopal registered as MJC R No.5801070/2017 and consequent order dated 22.05.2017, whereby learned J.M.F.C. has taken cognizance of offences against the petitioners.

(2.) Bereft of the unnecessary details, the facts requisite for disposal of this petition are that, marriage of the petitioner no.1 - Suresh Ahirwar was performed with respondent/complainant on 13.05.2014. Petitioner No.2 - Govind Das Ahirwar is the father-in-law, petitioner No.3 - Savitri Bai Ahirwar is the mother-in-law, petitioner No.4 - Mahendra Ahirwar is the elder brother of petitioner No.1, petitioner No.5 - Babli Ahirwar is the wife of the elder brother Mahendra Ahirwar, petitioner No.6 - Munnilal Ahirwar is the father of Babli, petitioner No.7 - Prakash Ahirwar is the brother of Babli, petitioner No.8 - Rajkumari Ahirwar is the sister-in-law (bhabhi) of Babli, petitioner No.9 - Indu Ahirwar is the sister of Babli, petitioner No.10 - Devilal Ahirwar is the father of Petitioner No.3 - Savitri Bai (Nana Sasur of the complainant), petitioner No.11 - Yogendra Kumar @ Yogi Ahirwar is brother of Petitioner No.3 - Savitri Bai (Mama Sasur of the complainant) and petitioner No.12- Kallu Ahirwar is cousin of petitioner No.1 (son of chacha Sasur of the complainant).

(3.) At the time of marriage negotiation, the accused persons/members of joint Hindu family demanded Rs.10,00,000/- (Rs.Ten Lakhs only) for purchase of a four wheeler vehicle. The complainant/respondent - Priya Ahirwar observed all Hindu rites and started her family life living with the petitioners. She respected all the family members and complied with the requirement of a bahu. In contrast the accused persons, who are greedy and cruel demanded Rs.10,00,000/-. Somehow the parents of complainant managed to give the same for purchasing of the four wheeler vehicle. In the name of petitioner No.2 - Govind Das Ahirwar, a Scorpio vehicle was purchased. Parents of complainant spent about Rs.35,00,000/- in the marriage, including Rs.10,00,000/- for the purchase of vehicle. The marriage was performed at Hotel of Dipali Residency, Makroniya, Sagar. The expenses of the hotel was Rs.3,00,000/-. Cash of Rs.5,51,000/- was given to the accused persons, besides the gold and silver ornaments, clothes, utensils, furnitures, cot, bed, sofa-set, freeze, cooler, washing machine, godrej almirah, microwave, mixer grinder, LCD TV, gas-stove, etc. valued Rs.20,00,000/-. These are the items of Stridhan, which the accused persons kept with them and did not give to the complainant.