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Judgment
This application has been filed under Section 482 of Cr.P.C. for quashing the FIR registered vide Crime No.15/16 at PS Civil Lines, Distt. Jabalpur for the offences punishable under Section 498-A, 294, 506/34 of IPC.
The prosecution story in brief is that the applicant No.1 married with the complainant/ respondent No.2 on 18.2.2012. They lived together for some time. Thereafter the respondent No.2 come back to her maternal house. The applicants have harassed the respondent No.2 and made a demand of dowry, therefore, the respondent No.2 lodged FIR for the offences punishable under Section 498-A, 294, 506/34 of IPC at Mahila Police Station District Gwalior against the applicants at Crime No.0/15 which was transferred to Civil Lines Police Station, Jabalpur. Earlier on 17.11.2015 the complainant/ respondent No.2 also filed an application under Section 12 of Protection of Women from Domestic Violence Act, 2005 before the CJM, Gwalior. Since August, 2015 the respondent No.2 is residing with her parents in her parental house.
The applicants have filed this application for setting aside the FIR registered against them on the ground that there is no evidence regarding cruelty or harassment against them. The complainant respondent No.2 is living separately from more than 8 months and when he filed petition under Section 13 (1) of Hindu Marriage Act for divorce, the complainant filed applications under Section 125 of Cr.PC. and also under Section 12 of Protection of Women from Domestic Violence Act, 2005. Thereafter she lodged the FIR.
Learned counsel for the applicants submits that the applicants are innocent persons and falsely implicated in the aforesaid offences. He further submits that the present criminal proceeding is manifestly tainted with malafide and is maliciously instituted with an ulterior motive and therefore registration of FIR against the applicant is abuse of process of law. Hence, it is liable to be set aside.
It may be observed that under Section 482 of Cr.P.C. for quashment of any criminal proceeding, it is to be seen whether prima-facie there appears to be a commission of offence is alleged in the proceeding. The allegations made by the respondent No.2 regarding demand of dowry and harassment are the mixed question of facts and law and also a matter of evidence. At this stage, it cannot be said that the complaint was filed on false and frivolous grounds or with an ulterior motive. Looking to the record it cannot be seen that the FIR lodged against the applicants is apparently abuse the process of law.
In view of the foregoing, the application filed under Section 482 of Cr.P.C. is dismissed.