IMRAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) As both the petitions arises out of the same Crime No. 16/2018 dated 02/02/2018 registered at Police- Station-Mahila Thana, Indore for an offence under Section 498(A) of the IPC against the applicants, therefore, both the petitions are decided by this common order.

(2.) The facts leading to filing of instant application are that the marriage between the applicant-Imran and respondent No.2 was performed on 27/11/2011 at Ratlam. In the year 2014, respondent No.2/complainant lodged an FIR against the applicants for commission of offence punishable under Sections 498(A) and 406 of the IPC. On the basis of which Crime No. 23/2014 has been registered against the applicant and other family members and consequent thereto Criminal Case No. 2542/2014 was registered before the Judicial Magistrate First Class, Indore. During the pendency of the case, in the year 2017, applicant-Imran and respondent No.2-Khusbu dissolved their differences and Khusbu categorically made a statement before learned Judicial Magistrate First class in Criminal Case No. 2542/2014 that due to a sudden dispute between the couple temperance flared and in a fit of rage, she has lodged a complaint for an offence under Section 498(A) of the IPC against applicant-Imran and other family members. She has also denied the allegations made against the applicants regarding demand of dowry and harassment, therefore, vide judgment dated 04/10/2017, the Court acquitted the applicant-Imran and other family members of Imran. On 02/02/2018, respondent No.2/complainant again lodged the FIR against the applicants for commission of offence punishable under Section 498(A) of the IPC at Police-Station-Mahila Thana, Indore and after completion of the investigation, charge- sheet was filed against the applicants.

(3.) Learned counsel for the applicants submits that after compromise in Criminal Case No. 2542/2014, applicant- Imran and respondent No.2-Khushbu did not stay in a applicant's parental house in Ratlam and instead resided in a separate accomodation at 54, Purohit Ji Ka Was, Ratlam. They stayed together for 6 months alongwith their daughter, who was studying in LKG, Scholar's School, Ratlam. However, the complainant is a quarrelsome and domineering lady, her parents are influential men engaged in the business of liquor. On 03/01/2018, respondent No.2 called her uncle-Ibrahim and other family members to the Ratlam. Complainant's uncle Ibrahim alongwith her brother Riyaz and Istiyaz came to the house of applicant-Aslam and they beated him up and his wife-Shaida and severely injured them. On the basis of complaint lodged by the applicant, FIR was registered against the aforesaid persons for the offence punishable under Sections 323, 294 and 506/34 of the IPC. However, Abrahim also lodged the report against applicants and their family members for commission of offence punishable under Sections 294, 323 and 506/34 of the IPC on false grounds.