VIJAY GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Section 482 of the Cr.P.C. has been filed to quash the FIR of Crime No.11/2018 registered at Police Station Karanjiya, District-Dindori for the offence punishable under Section 498-A, 34 of the IPC and consequential proceedings arising out from that crime.

(2.) Brief facts of the case which are relevant to the disposal of this revision are that on 30/01/2018 complainant/respondent No.2 Pooja Gupta lodged a report at Police Station Kajariya, District Dindori averring that she married applicant No.1 Vijay Gupta on 17/02/2016 at Gayatri Shakti Peeth, Amarkantak, District-Anuppur. Thereafter, she lived with the applicant No.1 Vijay Gupta-husband, applicant No.2 Dinesh-father-in-law and applicant No.3-Neerajlata mother-in-law. After ten days of her marriage behaviour of the applicants changed with her. They used to demand Rs.3 lakhs and harassed her physically and mentally. Due to which she moved from her inlaw's house and started living in a rented house with her husband applicant No.1 Vijay Gupta. Currently, she is seven to eight months' pregnant. Two months ago, her husband left her and went to live with his parents and is not even arranging for her maintenance. Her parents-in-law are also supporting her husband and they are harassing her. Her parents are poor and cannot fulfil the applicants' demand. For this reason, applicants have been harassing her for almost 2 years. She is currently pregnant and needs support but applicants are trying to drive her away from the rented house too. She is very ill-treated by the applicants. So action be taken against them. On that police registered Crime No.11/2018 for the offence punishable under Section 498-A of the IPC against the applicants and investigated the matter. During the investigation, Police recorded the statements of the complainant herself, Balmukund and Sumitra Gupta, parents of the complainant, Savitri Bai landlord of complainant Pooja Gupta where she resided with the applicant No.1 Vijay Gupta, Dasrath Prasad, Ramnarayan Sahu and Devan neighbour of the complainant and after investigation filed charge-sheet against the applicants. On that charge-sheet Criminal Case, No.209/2018 was registered. Being aggrieved from that applicants have filed this petition.

(3.) Learned counsel for the applicants submitted that from the F.I.R. no offence under Section 498-A, 34 of IPC is made out against the applicants. In FIR there is no specific allegation against the applicants regarding demand of dowry and harassment. The marriage of applicant Vijay Gupta and complainant was performed at Gayatri Shakti Peeth, Amarkantak, District Anuppur on 17/02/2016. At the time of marriage complainant/respondent No.2 had filed an application and also sworn an affidavit indicating that she was unmarried and her marriage has never taken place earlier. Thereafter marriage of applicant No.1 and respondent No.2/complainant was solemnized as per Hindu customs and rituals and marriage certificate of the same was issued by Gayatri Shakti Peeth, Amarkantak, District Anuppur after performing the marriage. After, marriage complainant lived in the company of applicants, but the behaviour of the respondent No.2/complainant was not good with the applicants. The respondent No.2/complainant used to quarrel with the applicants No.2 and 3 and used to assault the applicant No.3, due to which applicant No.2 and 3 asked the applicant No.1 and complainant to live separately from the company of applicant no.2 and 3. On that applicant, No.1 started living separately along with the complainant in a rented house. But the behaviour of the complainant did not change and she used to threaten applicants to implicate them in a false criminal case. Feeling aggrieved by the attitude of the complainant, the applicant No.1 lodged a report against her on 30/9/2016 at P.S. Karanjiya, District-Dindori. He further submitted that in the meantime it was revealed that before marrying the applicant No.1, the complainant had already married with one Kamlesh Gupta, resident of Hanumantal, Jabalpur and without getting a valid divorce from Kamlesh Gupta, complainant performed marriage with the applicant no.1 Vijay Gupta by suppressing this fact. Learned counsel for the applicant further submitted that since the complainant was a married lady and she performed second marriage with the applicant No.1 Vijay Gupta, without getting divorce from her earlier husband, applicant No.1 filed a criminal complaint against the respondent No.2/complainant and her parents under Section 420, 500/34 of the IPC and also filed a Civil Case 78A/2016 under Section 11 of Hindu Marriage Act for annulment of marriage in the court of Principal Judge Family Court Dindori. Learned Principal Judge Family Court vide judgment and decree dated 09/11/2017 allowed the applicant's petition and declared the marriage between applicant No.1 and respondent No.2/complainant null and void. Thereafter, the complainant filed this false complaint against the applicants to harass them. Hence, it is prayed that the Hence, it is prayed, that the FIR of Crime No.11/2018 registered at Police Station Karanjiya, District-Dindori against the applicants and its consequential proceedings be quashed. In support of his contention learned counsel placed reliance on the judgement passed by the Coordinate Bench of this Court in the case of Ramkumar Sarathe and others Vs. State of Madhya Pradesh and another in M.Cr.C.No.15859/2017 decided on 23/1/2018 and another judgement passed by Coordinate Bench of this Court in the case of Uday Narayan and Ors. Vs. State of M.P. and Ors. reported in 2017 (IV) MPJR (SC) 107.