IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE th ON THE 24 OF MAY, 2024 MISC. CRIMINAL CASE No. 30524 of 2022 BETWEEN:-

1. SHRI AMARNATH SHARMA S/O HARI CHAND, AGED ABOUT 71 YEARS, 34 A G K ESTATE HARI NAGAR MUDIAN KALAN LUDHIANA PUNJAB (PUNJAB)

2. SMT. VIMLA SHARMA W/O SHRI AMARNATH SHARMA, AGED ABOUT 60 YEARS, 34A G.K. ESTATE, HARI NAGAR, MUNDIAN KALAN, LUDHIANA, (PUNJAB)

3. SHRI SUNIL KUMAR S/O BRAHM DAS, AGED ABOUT 43 YEARS, HOUSE NO. 6630/1 STREET NO.

21/2, NEW HARGOBIND NAGAR, (PUNJAB)

4. SMT. RENU SHARMA W/O SUNIL KUMAR, AGED ABOUT 39 YEARS, HOUSE NO. 6630/1 STREET NO.

21/2, NEW HARGOBIND NAGAR, (PUNJAB)

5. SMT. ANU SHARMA W/O SURESH KUMAR, AGED ABOUT 42 YEARS, VILLAGE BATHSEENA TEHSIL GHANDHIR, BILASPUR, (HIMACHAL PRADESH)

6. SUNNY SHARMA S/O AMARNATH SHARMA, AGED ABOUT 34 YEARS, 34A G.K. ESTATE, HARI NAGAR, MUNDIAN KALAN, LUDHIANA, (PUNJAB)

.....PETITIONERS (BY SHRI SAMEER KUMAR SHRIVASTAVA - ADVOCATE )

AND

1. THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION KOTWALI (MADHYA PRADESH)

2. SMT. SONALIKA SINGH JADON W/O SUNNY SHARMA, AGED ABOUT 32 YEARS, KESHAV COLONY, MORENA (MADHYA PRADESH)

Signature Not Verified Signed by: YOGENDRA .....RESPONDENTS (BY SHRI SUSHANT TIWARI - PUBLIC PROSECUTOR FOR RESPONDENT NO.1/STATE AND SHRI RISHIKESH SHARMA - ADVOCATE FOR RESPONDENT NO.2 )

This application coming on for admission this day, the court passed the following:

ORDER

This petition under Section 482 of Cr.P.C. has been filed by the petitioners for quashing of the FIR dated 15.02.2022 registered at crime No.157/2022 at Police Station Kotwali District Morena for offence punishable under Sections 498-A, 294, 506, 34 of IPC and 3 and 4 of Dowry Prohibition Act and charge-sheet dated 30.05.2022 and all the consequential proceedings emanating therefrom.

2. The short facts of the case are that complainant/respondent No.2 namely Sonalika Singh had made a complaint at Police Station Kotwali District- Morena to the effect that her husband, father-in-law, mother-in-law, brother-in-law (nandeu), wife of brother-in-law (elder nand) and sister in-law (nand) are harassing her mentally and physically due to demand of dowry after her marriage which was solemnized on 24.01.2017 with petitioner No.6 as per Hindu rituals and rites. It was further complained that her father at the time of marriage had given a car and some gold & silver Jewellery sets to her but despite that after elapse of some time, husband, father-in-law, mother-in-law, brother-in-law, wife of brother-in-law and sister -in-law of respondent no.2 started demanding more dowry from her and in pursuance of the same, Rs. 5 Lacs were given but the demand for more dowry didn’t stop. On 13.02.22 at about 11:00 AM, petitioner No.6/husband of the respondent no.2 threw her away from his house and told her not to enter the house until she brings more dowry and also gave her life threat. On the basis of the said complaint, FIR was Signature Not Verified Signed by: YOGENDRA registered against the petitioners under Section 498A. 294,506, 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act.

3. It is submitted by learned counsel for the petitioners that the allegations levelled against the present petitioners are false. It is also pertinent to mention here that the allegations leveled by the respondent no.2 are completely omnibus in nature and no specific allegation has been made against anyone. It is further submitted that the present FIR has been filed just to harass the family members of matrimonial side and to extort the money from them under the garb of present FIR, on the basis of a completely cooked up story and from bare reading of FIR, it can be deduced that no specific allegation had been made against any member only omnibus allegations have been made which shows that the aforesaid FIR was registered with the ulterior motive. It is further submitted that since petitioners no. 3 to 5 were living separately, therefore, they can not be said to have an