SHASHI KHARE Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Section 482 of the Cr.P.C. has been preferred for quashment of the F.I.R. registered vide Crime No. 10/2017 at Police Station-Mahila Thana, District-Bhopal for offences punishable under Sections 498-A , 506 / 34 of the IPC & Section 3 / 4 of Dowry Prohibition Act as well as proceedings of Criminal Case No.3245/2017 pending before JMFC, Bhopal arising out of the aforesaid F.I.R.

(2.) In the case, it is not in controversy on that marriage of respondent No.2 Amrita Khare was solemnized with applicant No.3 Prateek Khare on 19.05.2015 at Nougaon, District Chhatarpur and applicant No.2 Smt. Janaklali is mother while applicant No.1 is sister of applicant No.3.

(3.) Facts of the case briefly stated are that on 19.01.2017, respondent No.2 lodged an FIR at Police Station-Mahila Thana, District-Bhopal for the offences punishable under Sections 498-A , 506 / 34 of the IPC and Section 3 / 4 of Dowry Prohibition Act in which it was alleged that at the time of her marriage her parents gave Rs.5 Lacs cash, ornaments worth Rs.3 Lacs and clothes and other articles of Rs.2 lacs and also spent Rs.2 lacs on reception. After marriage when she went to the matrimonial house her husband applicant No.3 told her that he does not like her and marriage was solemnized just to fulfill the desire of his father and she is mentally ill and very thin and marriage was done to get dowry and to treat her as servant. She remained in the matrimonial house near about one year but the applicant No.3 never showed any interest in the matrimonial enjoyment. When she tried to make relations, she was told to maintain distance and deprived her from matrimonial relations. When this attitude was brought to the notice of the parents of the applicant No.3, they said that applicant No.3 is not well, he is suffering from aliment, and therefore, she should not compel him for matrimonial relations. With regard to aforesaid behavior of the applicants she was beaten by the applicants. Some days before when she was beaten too much by her in-laws, her maternal uncle brought her to Bhopal as her father was no more, where her husband applicant No.3 came in the house of his maternal uncle and abused and beaten her and also threatened her for life saying that until the demand of Rs.5 lacs and four wheeler is fulfilled he will not keep her with him and will not extend her matrimonial pleasure.