The main legal point established in the judgment is the need to prevent abuse of the process of law and the requirement for specific allegations in an FIR to justify prosecution.

JUDGMENT

This petition under Section 482 of Cr.P.C. has been filed for quashing the EI.R. dated 20.5.2011 registered by Police Station Chanderi District Ashok Nagar at Crime No. 242/11 against the petitioners for the offence punishable under Section 498-A of IPC.

2. The brief facts rise to this petition are that complainant-Smt. Seema Sharma lodged a report alleging that her marriage took place with Ravi Mohan on 25.2.2007. After six months of her marriage the family members of her husband namely Mahavir Prasad - father-in-law, Smt. Sushma Mother-in-law, Brij Mohan @ Rinku - Dewar and Mukti Sharma - Sister-in-law started abusing her and used to beat her and demand cash of Rs. 2,00,0007- and motorcycle. The complainant tolerated harassment for some time but when it becomes intolerable she informed her parents that her life is in danger, than her father came and took her with him to her paternal home. Her parents made several attempts to settle the dispute by calling the family members and relatives but in-laws of the complainant were not prepared to settle the dispute and interested for fulfillment of their demand of Rs. 2,00,000/- and motorcycle, the father of the complainant is handicapped and retired person and he is not in a position to fulfill the demand. On the basis of the aforesaid complaint Crime No. 242/11 under Section 498-A of the I.P.C. has been registered against the petitioners and after due investigation the Charge-sheet has also been filed. Being aggrieved the petitioners have preferred this petition.

3. It is submitted by the learned Counsel for the petitioners that they never made any demand of dowry from the complainant. The statement of the father of the complainant Rama Shankar Dixit and complainant-Seema Sharma recorded on 16.9.2010 by G.R.P. Police, apparently indicates that no demand of dowry was made. It is further submitted that petitioner no. 1 has filed a petition under Section 9 of Hindu Marriage Act for restitution of conjugal rights before filing this petition. The petitioner no.-l has also made serious efforts to bring back the complainant, but no one gave any heed to the requests of the petitioner. During investigation no document has been considered by the Police Authorities. The investigation apparently indicates that there is an abuse of the process of Court. It is prayed that F.I.R. and related Charge-sheet be quashed.

4. Learned Counsel for the complainant has submitted that petitioners have made demand of dowry and due to non fulfillment of the demand harassed the complainant. Therefore, the complaint has been filed by the complaint.

5. Learned Counsel for the Government Advocate submitted that on the basis of the complaint, due investigation has been made and after investigation, the Charge-sheet has been filed. Therefore, there is no ground to quash the proceeding.

6. To appreciate the submissions of the learned Counsel for the parties, record is perused.

7. It is not disputed that marriage of the complainant took place with the petitioner Ravi Mohan in accordance with Hindu customs and rites on 25.2.2007. From Annexure P-2, it appears that the petitioner Ravi Mohan has lodged a report regarding missing of his wife Smt. Seema and daughter Kumari Devika aged two years on 15.9.2010 at G.R.P. Police Station Indore. It appears that Smt. Seema reached G.R.P. Indore and her statement was recorded. On perusal of the statement of Smt. Seema, it appears that she has stated that she is M.A. and her husband studied up to B.A. and doing Panditai and keeping her in a joint family. The nature of her husband, mother-in-law and father-in-law does not match with her nature. Therefore, she went to her parents house in the month of April 2009 along with her daughter. She further stated that on 13.9.2010, her husband came to bring her back on the advice of her mother and father and against her will, she accompanied her husband and boarded on train from Guna to Indore, however, She was not willing to go to her hus