NEELAM Vs. STATE OF MP

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Cr.P.C. for quashing the FIR as well as entire criminal proceedings pending before JMFC, Mehgaon, District Bhind at Crime No.76/2018 registered at Police Station, Mehgaon, District Bhind for the offences punishable under Sections 498-A, 323, 506,34 of IPC and section ¾ of Dowry Prohibition Act.

(2.) The brief facts of the case are that on 16.03.2018 complainant lodged FIR at Police Station Mehgaon, District Bhind alleging that her marriage was solemnized with Dhawal Singh on 2.6.2017 according to Hindu customs. At the time of marriage, her parents had given cash, ornaments and other household items. After marriage her sister-in-law, present petitioner, who is daughter of sister-in-law, jeth etc. used to torture her for demand of dowry and threatened her to kill if their demand of dowry is not fulfilled. On the basis of aforesaid allegations, false FIR has been registered at Crime No.76/2018 for the offences punishable under Sections 498-A, 323, 506,34 of IPC and section ¾ of Dowry Prohibition Act. Being aggrieved by the registration of crime, this petition has been preferred by the petitioner.

(3.) It is contended by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. At the time of alleged incident, the petitioner was residing at her matrimonial home at New Delhi. It is further submitted that at the stage of registration of the FIR, no evidence has been shown against petitioner. It is also pleaded that the petitioner is a self respected person and never commit the act as alleged in the FIR and if the petitioner is prosecuted, it would ruin the credibility and entire image of the petitioner. There is no iota of evidence available on record regarding demand of dowry and, therefore, the ingredients of Section 498-A of IPC and ¾ of Dowry Prohibition Act are not attracted against the petitioner. It is also submitted that general and omnibus allegations have been levelled against the petitioner, hence requested for quashing the FIR as well as entire consequential proceedings pending before JMFC, Mehgaon, District Bhind at Crime No.76/2018.