The court ruled that specific allegations of dowry demand and cruelty necessitate ongoing investigation under applicable criminal provisions, warranting dismissal of the quashment petition.

ORDER :

1. This petition under Section 4 82 of Cr.P.C. has been filed for quashment of F.I.R.No.420/2022 dated 25.07.2022 registered at P.S.- Lalbag, Burhanpur against the applicants for commission of offence under Section 4 98-A, 294, 323, 506 of IPC and Section 3 & 4 of Dowry Prohibition Act, 1961.

2. The facts giving rise to this petition are that on 25.07.2022 respondent No.2/wife who was married with applicant No.1/husband on 21.11.2021 filed an application in writing before police Lalbag alleging that her marriage was solemnized with applicant No.1 as per Hindu tradition and rites. On the next date of marriage i.e 22.11.2021, her husband's grand father left for heavenly abode, therefore, applicants started torturing her by saying that she has brought misfortune to their house. They also started torturing her for not bringing sufficient dowry and asked her to bring Rs.5 lakhs from her parents towards dowry. They also started to beat her. Applicants No.2 and 3 father-in-law and mother- in-law use to abate/instigate their son applicant No.1 against respondent No.2 and on account of abatement/incitement, applicant No.1/husband use to torture and beat respondent No.2/wife.

3. After sometime, applicant No.1/husband took her to Gujrat. There also he harassed her. After some days, they returned to Nagpur. She narrated the entire incident to her parents on phone and called her brother Prashant to Nagpur and left her matrimonial home on 16.06.2022 and reached to her parental home at Laxminagar, Burhanpur. She had narrated the entire incident to her parents, brother and other relatives. On 23.07.2022, applicant No.1/ husband and applicant No.2/father-in-law came to Burhanpur and outside One Stop Center, her father-in-law told that unless they fulfill the demand of Rs.5 Lakh, they will not fetch respondent No.2 to the matrimonial home. When she asked her husband that her father does not have so much amount to give as dowry, applicant No.1/husband abused and slapped her and told that if she attempted to come back to matrimonial home without bringing Rs.5 lakhs, he will eliminate her. On the basis of the complaint filed in writing, F.I.R was registered and matter is still under investigation.

4. Learned counsel for the applicants submitted that marriage of applicant No.1 and respondent No.2 was solemnized on 21.11.2021 without any dowry i.e only 8 months ago before filing of the complaint. The F.I.R. No.420/22 does not disclose any specific role of the applicants about any ill-treatment, misbehaviour or demand of dowry from respondent No.2. In the F.I.R, no specific date, time and incident has been mentioned to prove the act of harassment or torture amounting to cruelty with respondent No.2/wife. After marriage, respondent No.2 did not live even for a period of 30 days with the applicant No.1. Respondent No.2 is not a woman of good nature as she is quarrelsome. She use to quarrel with applicant No.1/husband over trivial issues due to which applicant No.1 find it difficult to concentrate on his work. Ultimately, he resigned from the job. At the time of marriage, the horoscope was not matched but even then the marriage was performed. In marriage, the expenses incurred towards various functions were borne by both the parties. Applicants had neither demanded any dowry nor harassed, torture or subjected to cruelty to respondent No.2 in connection with demand of dowry. Infact, it is the misbehaviour and short tempered nature of respondent No.2 which has caused all the problems. She is in habit of frequently leaving for maternal home. She is high headed and is in habit of disturbing peace of applicant No.1. Respondent No.2 herself does not want to