LAWS(MPH)-2019-3-163

MAHENDRA SEN Vs. STATE OF MADHYA PRADESH

Decided On March 29, 2019
Mahendra Sen Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This petition under Section 482 of the Cr.P.C. has been preferred by the petitioners seeking quashment of the charge-sheet and conse- quential criminal proceedings arising out of Crime No.118/2018 for the offence under sections 498-A/34 of the I.P.C. registered at Police Sta- tion Aishbagh, District Bhopal.

(2.) Facts of the case, briefly stated, are that marriage of the respondent no.2/wife was solemnized with the petitioner no.1 in the year 2010. Petitioners no.2 and 3 are parents of the petitioner no.1. On 25.3.2018 respondent No.2 wife had lodged a report at Police Station Aishbagh, District Bhopal, alleging that her husband/petitioner no.1 does not do any work and remains at home. It is further alleged that he often harass and beats her. In the last night when she went to take dinner, he abused her by filthy language, dragged her by pulling her hairs and beat her due to which she sustained injuries on her legs, waist and head. Her mother-in-law intervened.

(3.) On the information, FIR was registered vide Crime No.118/2018 for the offence under sections 498-A/34 of the I.P.C. On the same day, statement of the respondent no.2 was recorded in which same story was narrated. Later on, supplementary statement was recorded in which she has stated that petitioners no.2 and 3, i.e. parents of the petitioner no.1 also used to harass and beat her for demand of dowry. Brother, Sani Sen and sister Saroj Sen, of the respondent no.2 have also supported her version stating that their sister have disclosed to them several times that petitioners no.2 and 3 harass and beat her for demand of dowry. After investigation, charge-sheet was filed and the proceedings are pending before JMFC Bhopal.