ORDER

1. This petition under section 482 of the CrPC has been preferred for quashment of the proceeding of the Criminal Case No. 389/2018 pending before the Additional Chief Judicial Magistrate, Punasa, District Khandwa under section 498A read with section 34 of the IPC.

2. The facts giving rise to this petition are that the marriage of the respondent No. 2 with applicant No. 1 was solemanized on 31.5.2017, and applicant No.2 is brother of the applicant No. 1, and applicant No.3 is mother of the applicant No. 1 and applicant No.4 is grand mother of the applicant No. 1 and applicant No. 5 is sister of the applicant No.1 and after the marriage, the accused persons started harassing the respondent No.2 in connection with demand of dowry and on provokation and support of them for aforesaid demand of dowry, the applicant No. 1 used to beat her and on account of aforesaid harassment. About the aforesaid act of the applicants she told her parents and brother and sister on phone and thereafter the applicant No. 1 send her with her brother to her parental house and not prepared to keep her in the materimonial house without fulfillment of the demand of dowry. On 28.10.2018 the respondent No. 2 lodged FIR at police station Mandhata, District Khandwa, where Crime No. 291/2018 under section 498A read with section 34 of the IPC was registered and after investigation, the charge sheet was filed and criminal case is pending before the Additional Chief Judicial Magistrate, Punasa, District Khandwa and for the quashment of the aforesaid criminal proceeding, this petition has been filed.

3. Learned counsel for the applicant submitted that the aforesaid proceeding is not in accordance with the law and in this case prima facie there is no sufficient material to prosecute the applicants for commission of the aforesaid offence. It is counter blast action as the applicant No. 1 filed divorce petition against the respondent No. 2 before filing of the FIR, as the respondent No. 2 was unable to adjust in the matri-monial house with the applicant No. 1 and other family members and she insisted and wanted to remain in the matrimonial house without doing any work and remained ideal and lithergic and disobey the instructions of elder persons of the house and making quarrel. Before filing of the petition for divorce the matter was also placed before the District Level Pariwar Paramarsh Kendra, Khandwa, where the respondent No. 2 and her parents and brother also appeared and their statements were also recorded. They have not narrated that the applicants were demanding dowry and on account of the demand of the dowry, they harassed the respondent No. 2 and there is no specific allegation with regard to the demand of the dowry and harassment and only omnibus general allegations have been made just to implicate all family members with malafide intention to achieve ulterior motive for wreaking vengeance, therefore the criminal proceeding be quashed.

4. Learned counsel appearing on behalf of the respondent No. 2 as well as learned counsel for the State have opposed the aforesaid contentions and submitted that the truthfulness of the facts can't be considered at this stage and material available with the charge sheet are sufficient to prosecute the applicants for commission of the aforesaid offence. Hence this petition be dismissed.

5. Having considered the contentions of learned counsel for the parties and on perusal of record it is found that in the FIR there is no specific allegation with regard to the demand of the dowry and harassment and only omnibus statement have been made against all accused persons and when the matter was placed before the District Level Pariwar Paramarsh Kendra, Khandwa the statements of respondent No. 2, and her brother Akash and mother Smt. Lata were recorded on 28th September, 2018 in which there is no whisper of demand of dowry and harassment on account of non-fullfilment of the aforesaid demand and the dispute was related to non-adjus