SAPNA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Section 482 of CrPC has been preferred by the petitioners invoking the inherent powers of the court, for quashing the FIR dated 06.01.2019 registered in Crime No. alleging offences punishable u/Ss. 498-A, 506/34 of IPC and Sections 3, 4 of the Dowry Prohibition Act, 1961, and the consequential proceedings initiated against the petitioners.

(2.) Prosecution story in brief is that on 21.12.2018 complainant/respondent No. 2 lodged report at Police Station Pachore, District Pachore pertaining to dowry demand and harassment. All the incidents had taken place at Gwalior, while the petitioner No. 1 Sapna is a resident of Jhansi (U.P.) and petitioner No. 2 Vandana is a resident of Bhopal, since more than ten years. As per complaint, the marriage of complainant was solemnized on 4.2.2018 with co-accused Dr. Manish and in the marriage father of the complainant had given dowry as per his capacity and her in-laws were not satisfied with the dowry. As she could not bring more dowry, she was ill-treated by her husband and other family members.

(3.) It is contended by learned counsel for the petitioners that both the petitioners are sisters-in-law of the complainant and they are residing separately. Both are married long back and marriage of the complainant was performed in the year 2018. The present petitioners had never resided with the complainant. It is submitted by counsel for the petitioners that vague and omnibus allegations have been made against all the family members of the husband of the complainant, therefore, there is no prima facie evidence against the petitioners so as to compel them to face the ordeal of trial. It is settled principle of law that if the FIR did not disclose the commission of offence, the court would be justified in quashing the proceedings in order to prevent the abuse of process of law. A false report has been lodged by the complainant/respondent No. 2 and on the basis of which the proceedings instituted against the petitioners are liable to be quashed.