ORDER

Shrivastava, J. -- 1. In this petition, under section 482 of Code of Criminal Procedure, the petitioners have invoked the inherent powers of this Court seeking quashment of the FIR registered as Crime No.529/2020 at Police Station- Kotwali, District- Guna (M.P.) for the offence punishable under section 498 A/34 of IPC and sections 3/4 of Dowry Prohibition Act and all consequential proceedings including Criminal Case No.1471/2020 pending before JMFC, Guna, District- Guna (M.P.)

2. The petitioner No.1 is the husband and petitioner No.2 is the mother-in-law of the respondent No.2/complainant.

3. Prosecution story, in short, is that respondent No.2 lodged a report at Police Station- Kotwali, District- Guna (M.P.) to the effect that she was married to petitioner No.1 on 13.10.2018 in accordance with hindu rites and rituals. At the time of marriage, her father had given some dowry to the petitioners. After 15 days of marriage, petitioner No.1 came to the parental house of the respondent No.2/complainant for taking her along with him. After passage of about one and half month, the petitioners and their relatives started demanding of Rs.2,00,000/- and one four wheeler in dowry and stated that if demand is fulfilled then he will take her with him. With these allegations, the FIR has been registered at Crime No.529/2020 for the above said offences. After investigation, charge-sheet has been filed.

4. Learned counsel for the petitioner submits that primarily the FIR in question is illegal & arbitrary and continuance of criminal proceedings based thereon is nothing but an abuse of process of law. It is submitted by the petitioner No.1 that he had filed an application under section 9 of Hindu Marriage Act seeking restitution of conjugal rights. In reply, the respondent No.2/complainant failed to fulfill her matrimonial obligations and as a counter -blast to the above said application, has filed the instant FIR with a view to pressurize the petitioners.

5. Per contra, learned counsel for the respondent No.1/State opposed the prayer on the ground that FIR reveals harassment and demand made by the petitioners. It is not a fit case for quashment of FIR. Moreover, charge-sheet has been filed and cognizance has been taken. Charges have also been framed. Therefore, the present petition is not maintainable and the same deserves to be dismissed.

6. Heard learned counsel for the rival parties and perused the material available on record.

7. This Court, vide orders dated 2.3.2021 and 15.3.2021, had directed both the parties to remain personally present before this Court to explore the possibility of amicable settlement in the matter. On 24.32021, both the petitioner No.1/husband and respondent No.2/wife were present in person before this Court and matter was taken up in- camera proceeding in the chamber where they stated that they want to live together but on account of trivial issues sometimes, it becomes difficult to live together. Thereafter, some time was granted both the parties to explore the possibility of amicable settlement and file an appropriate application under section 320 of CrPC for compromise but both the parties have not filed the application for compromise till date, therefore, matter is taken up to be decided on merits.

8. Section 498A of the IPC reads as under :--

“498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation.—For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her