Home > 498A, Without Mutual Consent > Madhya Pradesh HC:- General experience now that relatives of husband are falsely implicated by the wife just to take revenge.

Madhya Pradesh HC:- General experience now that relatives of husband are falsely implicated by the wife just to take revenge.

MADHYA PRADESH HIGH COURT

M.Cr.C. No. 11962/2012

11.2.2013

PRADEEP SAHU

Vs

THE STATE OF MADHYA PRADESH

Shri Narendra Kumar, Advocate for the petitioners.

Shri V.K.Lakhera, PL for the State.

Shri Neeraj Vegad, Advocate for respondent No. 2.

Coram:- Shri Anil Sharma, J

Heard finally with the consent of the learned counsel for the parties.

The  petitioners  have  filed  this  petition  invoking  the extraordinary jurisdiction of this Court under Section 482 of the Cr.P.C.  for  quashing   the  proceedings  of  Criminal  Case  No. 6509/2012 pending in the Court of JMFC, Bhopal for the offence punishable under Section 498-A/34 of the IPC and 3/4 of the Dowry Prohibition Act. Learned counsel  for  the  petitioners has submitted  that marriage  of  respondent  No.  2  and  petitioner  No.  1  was performed  on  21.11.2009.  After  about  one  year  of  their marriage,  they  were  living  separately  from  the  family  of petitioner No. 1. On 3.6.2011, respondent No. 2 was admitted in the hospital for delivery of a child, where she delivered a baby girl and according to discharge ticket, she remained admitted in the hospital from 3.6.2011 to 8.6.2011. Before delivery of child, respondent No. 2 left the house of petitioner No. 1 in his absence and was living in her parental house. After delivery, petitioner No. 1 made efforts to bring his wife back, but could not succeed, therefore,  he  filed  a  petition  under  Section  9  of  the  Hindu Marriage Act on 9.7.2012 in the Court of Principal Judge, Family Court, Bhopal. Notice of the case was served on respondent No. 2 on 11.7.2012. Copy of acknowledgment has been filed by the petitioners as Annexure A-4. On 16.7.2012, a written complaint was  filed  by  the  complainant/respondent  No.  2  against  the petitioners, on the basis of which FIR has been registered vide Crime No. 70/2012 at Mahila Thana, Bhopal, thereafter challan has been filed in the trial Court. Counsel has further submitted that  respondent No. 2 lodged the report at P.S. after receiving the notice of petition filed by petitioner No. 1 under Section 9 of the Hindu Marriage Act. Before more than one year of lodging the  FIR, petitioner  No.  1  and  respondent  No.  2  were  living separately from other petitioners and other petitioners have no concern  with  the  alleged offence  and they have  been  falsely implicated  being  close  relatives  of  petitioner  No.  1.  Learned counsel for the petitioners has also questioned the genuineness of complaint filed by respondent No. 2 as it bears the signatures in Hindi while on other documents, the signatures are made in English.

Learned counsel for respondent No. 2  has opposed the petition and submitted that the allegation of false implication of the petitioners is baseless, therefore, this petition is liable to be dismissed.

Counsel has placed reliance on the judgment of this Court in  Dashrath P. Bundela and others Vs. State of M.P. and another   –    I.L.R. [2011] MP 2923, in which it was not disputed that respondent No. 2 Gayatri was living separately since one year as mentioned by herself in the FIR and she was having three children. However, this Court observed that there is no specific allegation that when demand was made, when she was beaten, by whom, no specific year, month, date  or  time  was mentioned. The report was lodged on 11.3.2006, just after the filing of the divorce petition against respondent No. 2 and date of appearance on the aforesaid case i.e. 10.3.2006. It has been held that no prima facie case is made out against the petitioners, who  are  near  relatives  of  husband  of  respondent  No.  2  and permitting  to  continue  such  criminal  proceedings,  would  be abuse of process of law and prosecution against the petitioners was quashed. In the instant case also no specific allegation has been  made  against  petitioner  Nos.  2  to  7.  Before  delivery, respondent  No.  2  left  the  house  of  petitioner  No.  1  without informing him. There  is no specific allegation  when  she  was beaten by any of the petitioners. It is general experience now that relatives of husband are falsely implicated by the wife just to take revenge of ill treatment by the husband.

Resultantly, in the light of the decision of this Court in Dashrath P. Bundela (supra), the petition is allowed in part. The proceedings  of  Criminal  Case  No.  6509/2012  pending  in  the Court of JMFC, Bhopal for the offence punishable under Section 498-A/34 of the IPC and 3/4 of the Dowry Prohibition Act so far

as it relates to petitioner Nos. 2 to 7, are quashed. However, the trial Court is directed to proceed with the  prosecution with respect to petitioner No. 1 Pradeep Sahu.

 

(A.K. Sharma)

 

Judge

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