The efficacy of dowry harassment claims requires specific allegations; generic accusations against relatives may lead to quashing of charges.

1. Applicants / accused have filed this Miscellaneous Criminal Case under S.482 of Cr.P.C. to quash the impugned FIR registered vide Crime No. 20/2018, at police station Shabapur, District Satna and also to quash further proceedings of that case.

2. The prosecution story in short is that respondent No.2 / complainant Smt. Nisha Gautam and Vishesh Gautam performed their marriage on 17.01.2017. The applicant / accused Nos.1 and 2 are uncle - in - law and aunt - inlaw, applicant / accused No.3, Ram Prakash Gautam is father - in - law, applicant / accused No.4 Sujata Gautam is mother - in - law, applicant / accused No.5 Mayank Gautam and applicant / accused No.6, Brij Mohan Gautam are brothers - in - law of respondent No.2 / complainant, respectively. After the marriage complainant / respondent No.2 went to her in laws house for performing her matrimonial obligations, but after sometime, applicants / accused started harassing the respondent No.2 / complainant for demand of dowry on the ground that they have taken the loan for the purpose of construction of house. Husband of complainant / respondent No.2 tried to strangle her neck. When she did not fulfill the alleged demand, applicants / accused have tortured and humiliated her mentally and physically, then respondent was compelled to live separately from the applicants / accused. She lodged F.I.R. before Police Station Shabapur, District Satna and thereafter the case was registered against the applicants / accused and her husband under S.498A, S.506 read with S.34 of Indian Penal Code and 3/4 of Dowry Prohibition Act . The statements of witnesses under S.161 of Cr.P.C. have been recorded and after completion of investigation, challan has been filed against the applicants / accused.

3. Learned counsel for the applicants / accused submits that they are innocent and they have not committed any offence. The husband of complainant Vishesh Gautam has earlier filed an application under S.12 (1) (a) of Hindu Marriage Act, 1955 for declaring the marriage dated 17.01.2017 as null and void before the learned Family Court, Satna. The Respondent No.2 / complainant received the notice in respect of said case. After receiving the notice, she got annoyed and in revengeful manner she lodged the false and fabricated FIR against the applicants / accused. The concerned Police Station Shabhapur, District Satna has not served any notice to the applicants / accused and Vishesh Gautam nor given any opportunity of hearing to them and all of sudden registered the FIR. The registration of offence under S.498A read with S.34 of Indian Penal Code and 3/4 of Dowry Prohibition Act against the applicants / accused was done mere on allegations of the respondent / complainant, which is done without conducting any prior enquiry and investigation. The husband of respondent No.2 / complainant also filed an application before the Superintendent of Police, Satna alleging that the respondent No.2 / complainant is giving threats to falsely implicate them. The learned Principal Judge, Family Court, Satna vide order dated 03.05.2018 directed the respondent No.2 / complainant and her husband for medical check - up from the Medical Board, Victoria Hospital, Jabalpur on the ground that as per the allegation made by husband of the complainant the complainant is not capable to give birth to a child and also unable to perform marital relations with him, but on the direction of the learned Family Court, the complainant was taken for treatment to Elgin Hospital, Jabalpur instead of Victoria Hospital. There is no specific allegation against the applicants / accused as to when they made demand of