LAWS(MPH)-2018-8-29

RAMESH MALVIYA Vs. STATE OF MADHYA PRADESH

Decided On August 02, 2018
RAMESH MALVIYA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The petitioners preferred this application under Section 482 of Cr.P.C. for invoking the extraordinary jurisdiction of this Court and to set aside the order dated 06/12/2016, passed by the learned 8th ASJ, Bhopal in Criminal Revision No.469/16, whereby the order dated 07/01/2016, passed by the learned JMFC, Bhopal in Criminal Case No.12425/15, charge under Section 498-A of IPC and Section 3/4 of the Dowry Prohibition Act has been framed is affirmed.

(2.) The prosecution story in brief is that, marriage of respondent No.2 was solemnized with Sagar Malviya in the year 201 The petitioners No.1 & 2 are the parents of Sagar Malviya and petitioner No.3/Varsha Malviya is the sister of Sagar Malviya.

(3.) It is claimed by the complainant that, for some days, she was happy in her matrimonial home but later, her husband/Sagar Malviya, father-inlaw/Ramesh Malviya, mother-in-law/Pushpa Malviya, sisters-in-law, Varsha Malviya and Shikha Malviya treated her with cruelty and were saying that, she did not bring enough dowry. They demanded a car, ornaments of silver and gold and expensive and luxury items from her parent's house. Then only she will be allowed to live in her matrimonial home. For small things, she was taunted by her mother-in-law, sister-inlaw and thereby caused mental harassment. On 12/08/2015, sister-inlaw/Shikha quarrelled with her and spitted on her. She also casted aspersion on her character and she was being taken to a local tantrik for they wanted a boy child. On 14/08/2015, the complainant being fed up and harassed, came to her parental house. As she was ill, she could not lodge a report earlier. After she regained health, she lodged the report on 12/09/2015.