CAV Order

1. This petition has been preferred under Article 226 of the Constitution of India for quashing of FIR bearing Crime No. 1/2020 registered at PS Mahila Thana, Ambikapur, Distt. Sarguja against the petitioners for the offence punishable under Section 498-A, 34 of the Indian Penal Code (in short, 'IPC') and for quashing of charge sheet along with consequential proceedings i.e. framing of charge under Section 498-A of the IPC etc. which is pending before Judicial Magistrate First Class, Ambikapur, Distt. Sarguja.

2. Facts of the case, in brief, are that marriage of respondent No. 4/ complainant was solemnized on 6-5-2017 with son of the petitioners namely Ashish Shaw at Raipur. At the time of marriage, on being demand made by in-laws' family, her parents had given Rs. 8 lakhs cash, various ornaments and other articles. After 2 months of marriage, petitioner No. 2, who is mother-in-law of complainant, took all ornaments with her in the name of safety. After 4 – 5 months of their marriage, petitioners and their son (husband of complainant) subjected her to physical and mental cruelty, by saying that she was wretched and after her arrival, their business and progress have ruined, as medical store of her husband was closed. It is further alleged that petitioners and husband of complainant also used to say her that her parents have given less ornaments, they have also not given any house hold article. Therefore, they asked her to bring Rs. 5 lakhs from her parents, so that, she could start new business for her son (husband of complainant), otherwise, she will get her divorced from her son and will get her son married again. It is further alleged that mother-in-law also compelled her to keep fast 7 – 8 days in a month, because of which, she had become weak and ill. On 4-5-2019, petitioners ousted her and her husband to reside in the house situated at Khushi Vatika. During her pregnancy, despite asking by complainant, husband of complainant did not take her for medical check-up/treatment, therefore, her pregnancy was terminated on 29-6-2019 and in the name of her treatment, her in-laws' family had demanded Rs. 10,000/- from her father, which her father deposited in bank account of her husband (accused No. 1). It is further alleged that after getting treatment in her parental home, when complainant went to her matrimonial home, petitioners and their son refused to keep her with them, expelled her from there and asked her that they will give divorce to her. Since then, complainant is residing in her parental home at Ambikapur. On the basis of written complaint made by complainant, present FIR was lodged on 6-1- 2020 at PS Mahila thana, Ambikapur against petitioners and their son. After investigation, charge sheet under Section 498-A, 34 of the IPC was filed against petitioners and their son. Petitioners filed an application under Section 239 of the Cr.P.C. for getting discharged, which was dismissed by learned trial Court. Vide order dated 5-5-2022, charge under Section 498-A of IPC was framed against petitioners. Thereafter, they filed present petition for quashing of FIR, charge sheet and consequential proceedings.

3. Learned counsel for the petitioners would submit that the petitioners are father-in-law and mother-in-law of respondent No. 4 / complainant and petitioner No. 1 was a government servant, who has retired from his service on 26-1-2021 after attaining the age of superannuation. It is further submitted that petitioners have neither harassed nor made any demand of dowry from complainant or her parents. Hence, it is not a case of harassment for dowry, rather factual condition is that the complainant was not taking any interest in day to day house hold work and she also used to misbehave with her in-laws and her husband also. Mutual understanding of complainant and her husband was not developed due to non-cooperation and rough behaviour of complainant. She also used to threat them to implicate in dowry harassment case, a