VIKAS SAXENA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Miscellaneous Criminal Case No. 5772/2018, 6918/2017 and 8447/2017, having been preferred against the same crime number, have been heard together and are being disposed of by this common order. The main order is being passed in M.Cr.C. No.5772/2018. Applicant has preferred this petition under Section 482 of Code of Criminal Procedure, 1973 (for short ' Cr.P.C '), for quashment of First Information Report dated 23/09/2016 bearing crime No.359/2016, registered at police station-Annapurna, District-Indore, against the applicants for offence punishable under Sections 498(A) , 34 of IPC, 1860 and the consequential proceedings pending before the Additional Chief Judicial Magistrate, Indore in Criminal Case No.1152/2017.

(2.) Relevant facts, briefly stated, are that respondent no.2 lodged a complaint at Police Station Annapurna, District-Indore that her marriage was solemnized with Vikas Saxena on 24/12/2015 at Gujarat. Thereafter from the very next day of their marriage her husband and in-laws harassed her for not fulfilling their demand of dowry. On 14/01/2016 her husband-Vikas Saxena left to Australia for work. Applicant Smt. Anita Saxena and Smt. Pooja Agrawal are mother-in-law and sister-in-law of the respondent no.2 and it is alleged they are also involved in the aforesaid offence. Further allegation is that her father-in-law-Dr. Rambabu Saxena took obscene pictures and video of her, threatened her that if she does not fulfill their demand of dowry, then she has to go to her parental house otherwise they will make viral her pictures and video thereafter the complainant started residing with her parents. When her father got retired her father- in-law came to her maternal house and demanded Rs.40.00 lakhs. On the basis of which FIR against the applicant was registered for commission of offence under Section 498(A) , 34 of IPC, 1860. After completion of investigation charge-sheet has been filed.

(3.) Learned counsel for the parties have submitted that both the parties have settled their disputes amicably and entered into compromise and they did not want to continue the proceedings of the case. The offence involved in the matter is of personal in nature and not against the society. Since, the parties have entered into compromise, continuance of proceedings before the Court will amount to sheer wastage of valuable time of the Court and will also result in harassment to the parties, therefore, they prayed for quashment of First Information Report dated 23/09/2016 bearing crime No.359/2016, registered at police station -Annapurna, District - Indore, against the applicants for offence punishable under Sections 498(A) , 34 of IPC, 1860 and the consequential proceedings.