With the consent of the parties, the matter is heard finally at motion
hearing state.
This M.Cr.C. under Section 482 of the Cr.P.C. has been preferred by
the applicants being aggrieved with the lodging of FIR No.399/2023 dated
25.07.2023 at Police Station Betul under Section 498-A/34 of the IPC and
Sections 3 and 4 of Dowry Prohibition Act.
2. Learned counsel for applicants has submitted that the respondent
No.2 who is the wife of applicant No.1 and their marriage was solemnized on
26.07.2020 and both were residing cordially but after sometime, respondent
No.2 got selected as Loco Pilot and thereafter, she was not ready to reside
with the applicant No.1 as a wife, hence, applicant No.1 has filed a divorce
petition before the Family Court, Bhopal. After getting the notice, respondent
NEUTRAL CITATION NO. 2025:MPHC-JBP:31976
2 MCRC-38854-2023
No.2 has filed the reply before the Family Court and thereafter, after three
years of marriage, she lodged the FIR on 25.07.2023 alleging omnibus
allegations that demand of dowry was made and she was harassed, thus, it is
counter blast of the divorce petition and in the FIR, she has been falsely
implicated his sister/applicant No.2 who is married and is residing in
Sholapur, Maharashtra and due to this false criminal case, the applicants are
attaining the Court proceedings, that is the misuse of the process of law,
hence, he prayed that the FIR be quashed and charges framed by the Family
Court be also quashed.
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