Prashant Sharma & Ors. vs State of M.P. & Ano.

This petition has been filed under Section 482 for quashing the charge sheet filed by the police against the petitioners under Section 498-A, 323 and 506 of IPC and under Section 3 & 4 of Dowry Prohibition Act pending before the Judicial Magistrate, 1st Class, Hoshangabad.

Learned counsel for the applicants has contended that the complainant has made general allegation against the petitioners No. 2 and 3 and there is no evidence on record regarding assault and abuse. Being aggrieved by the registration of FIR and filing of charge sheet, petitioners preferred this petition.

The FIR was lodged against the petitioners by respondent No.2 -Anita alleging that she was married to respondent No.1 Mahendra on 21.5.2013. Petitioner No.2 and 3 are her mother-in-law and father-in-law respectively. After 3-4 months of marriage they are abusing her and assaulting her for demand of dowry for purchasing of four wheeler. It was further alleged that due to assault caused by her husband-petitioner No.1, complainant-Anita was aborted on 12.8.2014 and thereafter she was living her parents home.

Heard learned counsel for the parties and perused the record.

At this stage it cannot be said that the complainant does not disclose commission of an offence. The truthfulness or otherwise or the allegation made in the complaint cannot be gone into at this stage. It become a matter of evidence.

Considering the aforesaid, it is not a fit case to interfere in the matter. Hence, this petition is dismissed.