ABHINAV AWASTHY Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under section 482 of Cr.P.C., 1973 has been filed to invoke the extraordinary jurisdiction of this Court and to quash the FIR of Crime No.18/17, registered at Police Station Bada Malhara, District Chhatarpur and subsequent, Criminal Case No.77/17 pending before the learned JMFC, Bada Malhara.

(2.) The respondent No.2 is the complainant who lodged the report. Her marriage was solemnized with petitioner No.1/Abhinav Awasthy on 07/12/2015. The petitioners No.2 and 3, are the parents-in-law and petitioner No.4 is the brother-in-law of the complainant. The complainant lodged FIR before Police Station Bada Malahara on 05/02/2017 against the petitioners and averred that, after the marriage, she started living at the matrimonial home. Her husband /Abhinav Awasthy, father-inlaw/ Satya Narayan Awasthy, mother-in-law/Smt. Shanti Awasthy and brother-in-law/Anmol Awasthy tortured the complainant and caused harassment mentally and physically for demand of Rs. 3,00,000/- as dowry, whereas her father had given Rs. 2,50,000/-, 2 tola gold chain, 1 tola ring, fridge, cooler, etc., which are more then he could have arranged. Because of the harassment and torture, she left the matrimonial home and is living in her maternal home since last two months. The petitioner say that, unless and until, Rs. 3,00,000/- (Three lacs) is provided, she will not be allowed to live in her matrimonial home. She was threatened not to come to the house at Chhatarpur, otherwise, she and her relatives will be killed. On this report, Police Station Bada Malhara lodged FIR at Crime No.18/17 for offences under Section 498- A, 506, 34 of IPC read with Sections 3 and 4 of the Dowry Prohibition Act.

(3.) On behalf of the petitioner it is contended that, the respondent has falsely lodged the report. Immediately, after the marriage at her instance, a family settlement was entered on 15/03/2016, whereby the shares of the property of the father of petitioner No.1 was divided.