ROHIT Vs. STATE OF M. P.

JUDGEMENT

(1.) Since present matters are connected and arises out by the crime No.18/2017 registered at police Station- Mahila Thana, Ratlam for the offence punishable under Section 498-A, 323/34 of I.P.C. are being decided by the present common order.

(2.) The facts leading to filing of instant applications are that marriage was solemnized between the applicant No.1 and respondent No.2 ( M.Cr.C.No.9360/2018) on 20.02.2017. According to the complaint made by respondent No.2, the present applicants were harassing her since the date of marriage for demand of motorcycle, however, she tolerated the harassment with a hope that in future applicants will mend their ways and will treat the respondent No.2 properly. Although, the situation did not improve and on 29.07.2017 respondent No.2 was thrown out from the matrimonial home in presence of his father and maternal uncle. They also told that she cannot come home until she arranges the motorcycle, cash amount and golden chain. The respondent No.2 has submitted a written complaint to the police Station Mahila Thana, Ratlam and on the basis of which the police registered the FIR bearing crime No.18/2017 for the offence punishable under Section 498-A, 323/34 of I.P.C. against the applicants. After completion of the investigation, police filed the charge-sheet against the applicants and on the basis of which, the learned Judicial Magistrate first Class, Ratlam framed the charges against the applicants for the aforesaid offence. In order to seek quashing of FIR as well as criminal proceedings, the instant applications have been filed.

(3.) it has been stated that the applicants have preferred instant application rather than invoking the revisional jurisdiction for the order of framing of charge citing the reason that one petition under Section 482 of Cr.P.C. was already pending for quashment of the FIR and this Court under Section 482 CrPC has wider jurisdiction.