ORDER

Paliwal, J:- 1. This petition under section 482 of Code of Criminal Procedure, 1973 has been filed for quashing the F.I.R. No.39/2017 registered at Police Station Gorakhpur, District Jabalpur and Criminal Case No.2547/2017 arising out of charge-sheet for commission of offence under sections 498A, 506, 294 read with section 34 of IPC and sections 3 & 4 of the Dowry Prohibition Act, 1961.

2. Facts giving rise to the petition are that petitioner No.1 Bhupendra Singh Notey married with respondent No.2 Smt. Gagandeep Kaur as per Sikh Traditional Hindu Rites on 14.10.2007 at Gurudwara Aarti Sahib, Puri, Orissa. At the time of marriage petitioner No.1 and respondent No.2 were divorcee and they had entered into wedlock after getting divorce from their previous spouses. Petitioner No.2 is the father of petitioner No.1, while petitioners No.4 & 5 are the brother & sister of petitioner No.1 respectively. It is admitted fact that out of wedlock, a daughter was born on 31.10.2008 and her name is Bhavdeep Kaur.

3. On 16.1.2017, respondent No.2/wife submitted an application in writing before Police Gorkhpur, Jabalpur alleging that she resides with her husband Bhupendra Singh Notey at 405, Rajul Flats, Rampur, Police Station Gorkhpur, District Jabalpur. Their marriage was solemnized on 14.10.2007 in Gurudwara Aarti Sahib, Puri, Orissa. Before marriage, they both were divorcee and this fact was known to both of them. Earlier, she lived with her husband in Vaishali, Ghaziabad. After solemnization of marriage, everything went well for few months but gradually her husband started to mentally harass her by saying that she is not as per his standard. Her parents are poor, due to which she has not brought even a single penny from her natal home. In that period of time, her sister-in-law Sandeep Notey, mother-in-law Leela Devi also resided with them at Ghaziabad near about a year and for some period of time. These all three persons used to make a demand of Rs.15,00,000/- (Rs. Fifteen Lacs) and one car from respondent No.2 as she brought nothing in dowry. They also use to say that if demanded dowry is not given to them, then she has to go back to her parental house/natal home. It is alleged that whenever she protested the dowry demand, her husband use to beat her.

4. After one year of marriage, in 2008 she delivered a daughter namely Bhavdeep Kaur that time too, she was asked to bring Rs.50,000/- from parents as expanses of delivery. However, she avoided to disclose all these demands to anyone. Almost, one year ago, before the date of F.I.R., she alongwith her husband started to live in Rajul Flats, Jabalpur. It is further alleged that whenever her elder brother-in-law Kulwant Singh visited their home, he also use to taunt her for small things and threatened to kill her, her daughter and family members and use to ask her to go away from home alongwith daughter. Her all in-laws were in habit of abusing her, only when situation went beyond her control, she narrated everything to her mother Sharanjeet Kaur, uncle Nimal Singh, aunt Charanjeet and brother Navjot Singh. In December, 2016, her all in-laws called her parents at Jabalpur and asked her to go alongwith them and further threatened that she will be allowed to remain in matrimonial home only if she brings demanded dowry.

5. On the basis of above complaint in writing, F.I.R. bearing Crime No.39/2017 dated 16.1.2017 was registered. After investigation, charge-sheet has been filed before Judicial Magistrate First Class, Jabalpur which at present is pending consideration as RCT No.2547/2017 (State of M.P. v. Bhupendra Singh Notey).

6. Learned counsel for the petitioners submitted that marriage was solemnized on 14.10.2007 and during tenure of marriage, not a single complaint was reported by respondent No.2 Smt. Gagandeep Kaur against petitioner No.1 and his family members. On 9.11.2016, petitioner No.1/husband had filed a complaint against respondent No.2 for being physically assaulted and mentally h