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IN THE HIGH COURT OF MADHYA PRADESH
G.S. Ahluwalia, J.
Mahendra Singh - Petitioner
Versus
State of M.P. - Respondent
MCRC No. 10477 of 2014
Decided on : 10-01-2017
Dowry Harassment - Criminal Procedure Code - Sections 306, 498-A - Summary of Acts and Sections: The court discussed the implications of Sections 306 and 498-A of the Indian Penal Code (IPC) in the context of dowry harassment and the standard of evidence required to implicate distant relatives in such cases.
Fact of the Case:
The petition was filed to quash the FIR in a case of alleged dowry harassment and suicide. The deceased's father alleged that the applicant and co-accused persons harassed the deceased for a motorcycle dowry, leading to her death.
Finding of the Court:
The court found that the applicant, a distant relative of the deceased's husband, was implicated based on vague and omnibus allegations without specific overt acts. The court emphasized the need for specific evidence to implicate distant relatives in dowry harassment cases.
Issues: The key issue was whether the distant relative of the deceased's husband could be implicated in the dowry harassment and suicide case based on vague and omnibus allegations.
Ratio Decidendi: The court emphasized the need for specific evidence and overt acts to implicate distant relatives in dowry harassment cases, citing previous judgments that cautioned against roping in all family members without tangible material.
Final Decision: The court quashed the FIR and all consequential proceedings against the applicant, highlighting the lack of specific allegations and evidence against the distant relative.
G.S. Ahluwalia, J.
1. This petition under Section 482 of Cr.P.C. has been filed for quashing the FIR in Crime No.392/2014 registered by Police Station Murar, District Gwalior for offences punishable under Sections 306, 498-A of IPC.
2. The State counsel is heard and perused the case diary.
3. From the perusal of the case diary it is apparent that a written complaint was made by Rajesh Singh to the SHO, Police Station Gormi, District Bhind on 11.4.2014 alleging that his cousin sister Meena was married to Sunil Singh and who was residing along with her children in Kashipura, Gwalior. Today at 2:30 in the night an information was received that Meena has committed suicide by hanging. After receiving the information they reached to Kutroli because these persons with an intention to perform the last rites of the dead body had brought the dead body to Kutroli and the dead body is kept in the matrimonial house of Meena. On the complaint made by the complainant Rajesh, inquest report was prepared. Postmortem of the dead body was done. As the incident was alleged to have been taken place within the jurisdiction of Police Station Murar, therefore, the file was sent to the said Police Station. The statements of the witnesses were recorded and subsequently a FIR was registered on 29.4.2014 against the applicant and co-accused persons for offences punishable under Sections 306, 498-A, 34 of IPC.
4. Durgapal Singh Rajawat in his statement has stated that on 12.6.2006 his daughter Meena was married to Sunil Tomar. He had given the dowry as per his financial condition. After sometime of marriage, his son-in-law Sunil started harassing his daughter and started demanding a motorcycle whereas at the time of marriage it was not settled that the motorcycle will be given in dowry. The father-in-law of the girl Shambhu Singh, elder brother-in-law Anil Singh and uncle-in-law (Phoopha-Sasur) the applicant and one relative Tinku @ Tunda were instigating his son-in-law Sunil to harass his daughter for demand of motorcycle. Whenever the elder brother-in-law came on leave he also instigated Sunil to harass his daughter Meena. Two children were born out of the wedlock. This witness along with his relatives had tried to convince his son-in-law Sunil and Shambhu Singh that they should not harass his daughter Meena for demand of motorcycle as he is still required to marry his another daughter. Whenever, they went to the matrimonial house of his daughter Meena or whenever Meena had come to her parents house, she used to tell that she is being harassed by her in-laws and by the applicant for the demand of motorcycle. On one day, his daughter Meena came along with his son-in-law Sunil and Sunil threatened this witness that in case the motorcycle is not arranged then he would not be able to see his daughter. The house of his younger brother Brijpal Singh is situated in Kalipura, Murar in which for the last two years his daughter, son-in-law Sunil are residing along with their children. On the first day of the last month, his daughter Meena had informed him on telephone that he should come immediately to Gwalior at her in-laws house because the applicant and her in-laws are harassing her, otherwise they would kill her. Thereafter, this witness along with his wife and daughter Lovely went to Gwalior where they met with the in-laws of his daughter along with the applicant and objected that they should not harass his daughter, on that issue all the persons including the applicant started quarrelling with this witness. The daughter Meena was crying and was saying that he should give a motorcycle, otherwise she will be killed. After coming back to Bhind he gave an application to Superintendent of Police, Bhind. In the morning of 17.4.2014 some body called his nephew Lokendra on telephone that Meena has expired and for performing her last rites, her dead body has been taken to some other place. Information was given to the Superintendent of Police, Bhind and the crema
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