The need for specific evidence and the potential for abuse of process in cases of dowry-related offences.

1. The petitioner has filed this petition under Section 482 of the Cr.P.C. for quashing the FIR registered at Crime No. 145/2015 at Mahila Police Station Padav Gwalior and the criminal proceedings of Criminal Case No. 10076/2015 emanating from the said crime number, pending on the file of Judicial Magistrate First Class Gwalior insofar as the matter relates to him. The short facts of the case for adjudication of the petition are that on 25.9.2015 respondent No. 2-complainant Smt. Manjari Dixit gave a typed complaint to Mahila Police Station Padav Gwalior stating that she got married to Abhishek on 19.11.2013 as per Hindu rites and customs. Uday Narayan and Smt. Shashi Prabha are her father-in-law and mother-in-law and Abhilash, the petitioner, is her Devar. In her marriage, her parents had given dowry to his optimum financial capacity. She has alleged that some time into the marriage, her husband and in-laws used to force her to bring ten lakh rupees in cash and one five tolas gold bracelet in dowry. She would tell them that the financial position of her father is not such that he would meet their said demands of dowry. Thereupon, they would keep her confined hours together in the bathroom and the bedroom of her matrimonial home at Gwalior as a captive to force her to get their demands fulfilled. On 14.8.2014 her husband and in-laws assaulted her with fists and kicks in her matrimonial home in this respect. When she ran towards the balcony of the house to save herself from being further beaten by them, her husband pushed her forcefully from the balcony, saying that today he would kill her. As a result, she fell down from the balcony and suffered a fracture in her hip bone. During her pregnancy, they did not provide her healthy diets.

They also forced her to undergo a test for determination of sex of the foetus. For the said reasons, she had to leave her matrimonial home. On 10.8.2015 in a private nursing home at Bhind, she gave birth to a baby-boy. Right from the birth, the health of the boy was very critical and serious. On the second day of his birth, he passed away. Her husband and in-laws did not visit her despite having heard that said news. Her Devar Abhilash, the petitioner, does a job somewhere in the state of Rajasthan. Whenever he visited his parents and brother Abhishek, he would force her to fulfill their demands of dowry otherwise he would get her eliminated. He would also hurl filthy abuses at her. On 13.9.2015, she had also made a complaint in this respect to Mahila Police Station Padav Gwalior. Thereupon, an attempt was made by the Police for conciliation, but in vain. On the basis of the written complaint, an FIR is recorded and a case is registered at Crime No. 145/2015 under Sections 498-A, 506 and 34 of the IPC and 3 and 4 of the Dowry Prohibition Act (for short "DP Act") against the aforesaid persons. After investigation a charge-sheet was filed against them. It has been registered as Criminal Case No. 10076/2015 and the case is pending in the Court of Judicial Magistrate First Class Gwalior. On 29.10.2015, the learned JMFC framed the charges against petitioner Abhilash and the aforestated persons for the offences punishable under Sections 498-A, 506 (Part II) IPC and 4 DP Act. Aggrieved thereby, the petitioner has approached this Court by filing this petition. It be noted that respondent No. 2-complainant's in-laws Uday Narayan and Smt. Shashi Prabha have also filed MCRC No. 1126/2016 seeking the same reliefs as sought by the petitioner. The said MCRC is to be decided at the same time.

2. I have heard the learned counsel for the parties.

3. After referring to the family ration card issued by the competent authority of Ajmer, a copy of which is on record, learned counsel for the petitioner submitted that the petitioner resides with his family members and his parents in Ajmer, where he does a job before the marriage of respondent No. 2 with his brother Abhishek. Thus, respondent No. 2 has falsely implic