SAPNESH AGRAWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioners-accused have filed this Miscellaneous Criminal Case under Section 482 of Cr.P.C. to quash the FIR registered at crime no. 107/2018 at Mahila Thana- Bhopal for the offence punishable under Sections 498-A, 506 read with 34 of IPC and Section 3/ 4 of Dowry Prohibition Act.

(2.) Case of prosecution in short is that marriage of respondent no. 2 was solemnized with petitioner no. 1 on 23.04.2017. Petitioner-accused no. 2 is brother-in-law and petitioner-accused no. 3 is mother-in-law of respondent no. 2. After marriage respondent no. 2 stared to live with petitioners-accused in the month of July, 2017 all the petitioners-accused demanded money. They demanded golden chain and they tortured and humiliated her. They did not give proper food, due to this she weakened. Petitioners- accused did not give proper medical aid. They burnt the hand of respondent no. 2. They through the water on the stairs due to this she fell down. They sold all the domestic articles, so she has come in the house of his brother at Bhopal. She filed an application in Parivar Paramarsh Kendra on 07.03.2018. Petitioner No. 1- accused alleged that respondent no. 2 is mad. He refused to live with respondent no. 2 while petitioner no. 3 threaten her so she lodged report on 13.07.2018 at Police Station Mahila Thana, Bhopal.

(3.) Learned counsel for the petitioners-accused submits that immediately after the marriage the respondent no. 2 started behaving erratically. Respondent no. 2 told the petitioners accused that she wants to go to her maternal home. Respondent no. 2 started creating trouble to the petitioners-accused and forced them that she wants to go to her maternal home else she would commit suicide. Thereafter respondent no. 2 left the matrimonial house and she never returned for few days. After some days, the petitioner no. 1-accused visited maternal home of the respondent no. 2, her family members did not call her at the first instance and it is only after much persistence the mother of the respondent no. 2 brought her holding her hand and on seeing her petitioner-accused no. 1 asked the family members of the respondent no. 2 what has happened to her, so her family members replied that she is not keeping well. Petitioner no. 1 asked the family members of respondent no. 2 that why did they not tell about her health, he would have taken her to a good doctor, the father of the respondent no. 2 very aggressively replied that she is already treated from a good doctor and there is no need for further consultation and she would be become alright in some days and they will thereafter send her back. Thereafter respondent no.2 returned back, the petitioner found that he was consuming tablets. She did not take bath. She did not take any interest in the family affairs of the petitioners- accused. Once petitioner no. 1 took her to doctor and the respondent no. 2 got an attack of epilepsy and in further examination it was found that the respondent no. 2 was suffering from epilepsy and in fact her mother was also suffering from the same disease, which is hereditary in the family of the respondent no. 2. Respondent no. 2 and her family members on being told about the disease of the respondent no. 2 refused to accept the same and further told the petitioners that the would implicate them on false case of Dowry Prohibition Act and other related offences. Then petitioner no. 1- accused filed a complaint before M.P. Human Rights Commission. On the basis of complaint of petitioner No. 1-accused an investigation report was prepared by the Police Incharge Gandhi Nagar.On 07.03.2018 by way of counterblast, respondent no. 2 filed an application before the Mahila Thana, Bhpaol for counseling alleging various mental and physical harassment upon the respondent no. 2 in her in laws house at Raisen. She alleged that she was not feeded properly at her in-laws house, they used to only gave one chapatti in the morning and one chappati in evening and therefore, due to less food she became unwell and she was not treated . Apart from that various allegations were levelled in the complaint. However, all entire cause of action took place in district Raisen. On the basis of the complaint, the counseling happened between the petitioner no. 1 and the respondent no.2 before the Family Consultation Centre. The respondent no. 2 only alleged against the petitioner no. 1-accused in respect of the cruelty and harassment before the Family Consultation Centre, it was decided the parties should go to court. The marriage of the petitioner No. 1 with respondent no. 2 was performed fraudulently by hiding the neurological disorder of idiopathic epilepsy from the petitioner no. 1. Petitioner no. 1 filed divorce petition under Section 13 of Hindu Marriage Act before the Family Court Bhopal on 18.05.2018. The allegation in the FIR are very vague and ambiguous. There are no specific allegations against the petitioners-accused and it is just to implicate all the family members of the petitioner no. 1. In the report of the Family Consultation Centre, the respondent no. 2 has only put allegations against the petitioners no. 2 and 3. No specific allegation against the husband also. Respondent no. 2 suffering from idiopathic epilepsy and the said fact was being hidden from the petitioner no. 1. When petitioners came to know about it and informed the same to the respondent no. 2 and her family members, they realized that the petitioners have come to know about everything and therefore, they took her away. Respondent no. 2 and her family members have created so much pressure on the petitioners and gave continuous threats to the petitioners that they would implicate the petitioners on false case of 498-A of IPC and Dowry Prohibition Act, therefore all the allegations are frivolous. Apart from that no cause of action is taken place at Bhopal. The territorial jurisdiction with respect to the allegations of harassment and cruelty was shown in Mandideep District Raisen. So in fact the offence was not depicted as a continuing offence and it is justed to bring all the cause of action within the courts of Bhopal, therefore, entire criminal proceeding shall be set-aside on this ground also.