KAILASH SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This MCrC has been filed under Sec 482 of the Code of Criminal Procedure, 1973 for quashing of Criminal Case No. 4135/2018 arising out of Crime No. 328/2018 registered at police Station, Madhoganj, Distt. Gwalior, under the provisions of Sec. 420, 406, 294, 506, 34 of IPC.

(2.) Brief case of the petitioners is that complainant/respondent No. 2 filed one FIR on 18/4/2018 registering Crime No. 153/18 at police Station, Madhoganj, alleging that between 22/3/2018 and 18/4/2018 petitioners had harassed the complainant and tortured her for want of dowry. It was alleged that on 14th March complainant ran away from her house and performed marriage with Karan singh at Orchha temple as their affair was going on for the last two years, but since 16th March she has been framed in a conspiracy inasmuch as at the instance of family members of Karan singh she reached Gwalior along with Karan singh on 17/3/18. Thereafter, Karan singh was made to disappear by his family members and he was not staying with the complainant at her flat but was staying at his parents house and used to visit only for the sake of formality at about 12 mid-night and used to leave her house in early hours of the day and when she got disturbed because of such conduct of Karan Singh, then she approached his family members when his uncle Anoop Singh, his father kailash singh and his grand-mother abused her and demanded Rs.10.00 lac and a Swift Desire car for taking her husband back. This has caused a lot of agony to her, but when Karan singh did not return for 3-4 days, then on 17/4/18 at about 11.30 pm, she visited house of Karan singh where grand-mother of Karan singh beat her and again raised demand for dowry of Rs.10.00 lac and a car.

(3.) Investigation was carried out as per the report lodged by the complainant on 18/4/2018 and in this investigation, report dtd. 6/6/2018 was submitted by SHO Madhoganj, in which it has also come on record that prior to marriage also Karan singh had harassed her both physically as well as economically and mortgaged her gold to obtain loan of Rs.1.00 lac. She got him a gold chain, a ring and a mobile phone worth Rs.40,000.00 which she is demanding back and because of nonreturn of such items has lodged report on 18/4/2018.