PUSHPENDRA MISHRA Vs. STATE OF MP

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been preferred by the applicants praying for quashing the FIR dated 22.09.2018 in respect of Crime No.139/2018 registered at Police Station, Mahila Thana, District Gwalior under Sections 498-A , 34 of IPC.

(2.) The facts leading to filing of present application are that complainant submitted a representation before the Superintendent of Police and the Mahila Thana, Gwalior to the effect that she got married with Pankaj Mishra, S/o Shri Pushpendra Mishra on 03.02.2014. It is alleged that after marriage, the present applicants and other family members demanded Rs. 5 lakhs cash, 15 tola ornaments, diamond ring and other articles at the time of marriage. Now, they are demanding Rs.50 lakhs and is harassing for demand of dowry. It is admitted fact that complainant and the present applicants are living separately after marriage. In April, 2014, the complainant and her husband got job at Hyderabad and they lived there for about two months and after two months they got job at Swedon and they moved to Swedon and was residing there.

(3.) Learned counsel for the applicant submits that a false report has been lodged against the present applicant. It is submitted that applicants No. 1 & 2 were residing at Rewa where she hardly stayed and petitioner No.3, who is sister-in-law of the complainant was doing job with Wipro Infotech and there is no specific allegation against her for demand of dowry. It is also submitted that the complainant and her husband also filed application for divorce in Stockholm, Swedon on 9.7.2018. It is further submitted that now investigation has been completed and challan has been filed before the committal Court on 30.11.2018. There are lots of contradictions in the statements recorded under Sections 161 & 164 of Cr.P.C. and the representation filed by the complainant. The allegations of cruelty were said to be made at Rewa and Hyderabad. So far as the allegations which took place at Rewa, the Investigating Officer had written a letter to S.P. Gwalior for investigating the matter at Rewa. It is further submitted that the complainant after coming back from Sweden started threatening the applicants to withdraw the divorce case otherwise criminal case will be registered against all family members On 18.9.2018, husband of the complainant sent E-mail to S.P., Gwalior mentioning the facts, thereafter complainant submitted complaint on 22.9.2018.