SMT. UMA DHAKAD Vs. STATE OF M.P.

JUDGEMENT

(1.) This is the first application under Section 438 of the Cr.P.C filed by the applicant, who apprehends her arrest in connection with Crime No.157/2019, registered at Police Station- Mohan, District Gwalior for the offences punishable under Sections 316, 323, 498-A, 34 of IPC and Section 3/ 4 of Dowry Prohibition Act.

(2.) It is submitted by learned counsel for the applicant that false case has been registered against the applicant. Applicant is apprehending her arrest on the basis of offence registered above. It is the submission of learned counsel for the applicant that applicant is residing in separate living at Gram Panchayat Mohana with her husband and children and she is not living in joint family with victim, therefore, as an afterthought, after abortion, allegations have been levelled. Abortion took place on 27/8/2019; whereby FIR has been lodged on 17/11/2019, after delay of almost three months which itself indicates the nature of allegations. Confinement would bring social disrepute and personal inconvenience. Applicant undertakes to cooperate in the investigation/trial and would not be a source of embarrassment and harassment to the complainant party in any manner and would make herself available as and when required by the Investigating Officer.

(3.) Learned counsel for the State opposed the prayer and prayed for dismissal of the application.