The court affirmed that clear and specific allegations of dowry demand and harassment justify prosecution, and foreign divorce decrees can be inconclusive under Indian law.

ORDER :

G. S. Ahluwalia, J.

This application, under Section 4 82 of Cr.P.C., has been filed for quashment of FIR, charge-sheet and consequential proceedings arising out of FIR in Crime No.139 of 2018 registered at Police Station Mahila Thana, Padav, Gwalior for offence under Section 4 98-A/34 of IPC and under Section 4 of Dowry Prohibition Act.

2. The prosecution story, in short, is that complainant/respondent no.2 lodged an FIR against applicant and her in-laws that she got married to applicant on 03-02-2014 as per Hindu rites and rituals. As per the demand raised by her in-laws, her father had given Rs.5 lacs in cash, gold ornaments of 15 tolas, Diamond ring of Rs.50,000, cloths to applicant worth Rs.60,000/-, apart from household articles. In all, Rs.30 lacs were spent in the marriage. After marriage, applicant and her in-laws started making demand of dowry and also started harassing her physically and mentally. Her in-laws used to pass taunt that applicant is a Software Engineer and at least Rs.1 Cr. should have been spent in the marriage. Applicant badly assaulted her in Rewa. When she informed the incidents to her parents, then they tried to convince her that with passage of time, the things would improve. When her father talked to her in- laws and applicant on phone, then they also misbehaved with him. She went to Hyderabad, where husband was working. She got pregnant but her husband and in-laws started abusing her and said that now the expenses would increase and accordingly, the pregnancy was got aborted. In the engagement of her sister-in- law, applicant and her in-laws misbehaved with the parents of the complainant and said that by performing marriage in Gwalior, they have saved lot of money accordingly, in-laws and all her relatives were invited to Gwalior. In Gwalior, applicant and her in-laws said that her father had earned a lot of money but has performed marriage like a miser, and accordingly, he should make arrangement of further amount of Rs.50 lakh. Applicant is the only son of her parents-in-law and he has no other son to fulfill his dreams. However, her parents somehow convinced applicant and her in-laws. With an intention to save her matrimonial life, She was somehow tolerating the harassment. After one year of marriage, the harassment went to such an extent where she started thinking to put an end to her life. In the month of March 2015, applicant went to Sweden and accordingly, she also went to Sweden in the year 2015. She also got job in Sweden. However, the cruelty of applicant continued in Sweden. She made complaint to Swedish authorities also. In the year 2016, her husband came back to India. In the engagement of her another sister-in-law Priyanka, a further demand of Rs.50 lakhs was made. When her father expressed his inability to pay so much of amount, then again she was beaten. In the month of March 2017, applicant again came back and extended a threat to her parents in Gwalior. When her parents opposed then she was beaten by applicant. Thus, it was alleged that applicant and her in-laws have made her life miserable in last 4 years. For various days, even food was not given and every time, taunts were being passed that they have performed marriage in the family of beggars. Now the things have crossed all limits. Accordingly, FIR was lodged for offence under Section 4 98-A/34 of IPC and Section 4 of Dowry Prohibition Act.

3. Challenging the FIR lodged by respondent No.2, it is submitted by counsel