Judgment:
Mcr.C.No.6193 o”
13. 03.13 Shri Jafar Khan, counsel for the applicants.
Shri Vivek Lakhera, PL for the respondent No.1.
Shri B.J.Chourasia, counsel for respondent No.2.
The applicants/ accused have come with this petition under section 482 of the Cr.P.C for quashment of the FIR registered as Crime No.248/12 against them at PS- Khurai, district Sagar for the offence of section 498-A of the IPC.
The applicants counsel after taking me through the papers placed on the record argued that as such no cruelty was committed by any of the applicants with the victim subsequent to the marriage at any point of time but after filing the proceedings under section 9 of the Hindu Marriage Act on behalf of applicant No.1 in the Family Court, Sagar when the notice of such proceeding was issued to respondents then on the basis of the false averments, the impugned FIR was lodged against the applicants by fabricating the false story.
So, in such premises, the impugned FIR as well as the entire investigation based on it and the charge-sheet are not sustainable.
In continuation it was argued that before registration of this offence,the applicant No.1 as well as the respondent No.2 were called at Mahila ParamaRs.Kendra, Sagar to find out the possibility of amicable settlement between them but respondent No.2 categorically stated before the authorities that she is not interested to go and reside with applicant No.1 in the family and on such count such amicable settlement did not take place.
In addition to it it was also argued that initially the matter was inquired by the Addl.
Superintendent of Police, Sagar.
According to his report it was found that no offence has been committed by the applicants with respondent No.2 In such premises also, the impugned FIR and the entire proceeding appear to be suspicious and fabricated and prayed for quashment of the FIR and its entire investigation as well as charge sheet by admitting and allowing this petition.
Having heard the counsel, keeping in view his arguments advanced, I have carefully gone through the papers placed on the record including the FIR as well as the interrogatory statements of the victim and her parents available in the case diary.
On perusing the same, I have found sufficient prima facie evidence against the applicants showing that each of them has committed the cruelty with the deceased on account of demand of dowry and otherwise also.
So, without expressing any opinion on merits of the matter, at this stage, I have not found any circumstance either to quash the FIR or the subsequent investigation and the charge sheet filed before the competent court to hold the trial against the applicants.
Consequently, this petition being devoid of any merit deserves to be and is hereby dismissed.
However, whatsoever arguments are advanced by the applicants counsel that may be a god defense in trial and, therefore, it is observed that the applicants shall be at liberty to raise all such questions and grounds raised by the applicants herein or stated in the petition at the appropriate stage of the trial in defense of the applicants.
C.C as per rules.
(U.C.Maheshwari) Judge MKL