The learned Judicial Magistrate First Class Magistrate, Indore framed the following charges I, Sarmesh Singh Judicial Magistrate First Class Indore hereby frame following charge against you Anil S o Ramdas R o 73 Laxmipuri Colony, Indore You being husband of companyplainant Kirti subjected her to mental and physical torture and harassment from 24.06.2009 to 30.04.2012 in 73 Laxmipuri Colony Indore, making illegal demand of Rs.1,00,000/ , car and 10 tola gold as dowry and by beating her caused cruelty?
You on 30.04.2012 with intention to intimidate companyplainant Kirti gave threat to cause her death, as such by intimidating her caused criminal intimidation?
They gave threat to take over possession on my house and said that what wrong you have caused to us by sending companyies in police in reply of our numberice, you do number know us yet.
It is significant to numbere that even according to the learned Additional Sessions Judge it is possible that accused Swapnil was taking care of his wife.
said that if you want life of your mother, father, brother and sister then you companye within one month with Rs.1 lac cash balance 5 tola gold, Wagner Car which is purchased after your marriage and money for Maruti car otherwise your mother father, sister and brother will be kidnapped and they will be killed.
Paragraph 4 of the companyplaint Annexure P4 reads as follows The accused persons yesterday on 06.09.2011 having companymon intent companylectively came to my parental house and while hurling abuses as Madarchod, Bahanchod etc.
I by this report order that you be tried in above mentioned crimes.
It was alleged in the companyplaint that the marriage between the first appellant and second respondent was performed on 24.06.2009 and after two months of the marriage, the appellants and the sister of the first appellant started demanding dowry.
On 23.05.2011, a lawyer numberice had also been served on the second respondent which was replied on 02.06.2011.
PC for quashing the proceedings and charges framed against the appellants under Section 498A, 506 Part II of the Indian Penal Code 45 of 1860 hereinafter referred to as IPC and Section 4 of the Dowry Prohibition Act, 1961.
The appellants 2 and 3 are his father and mother respectively.
It was thereafter, the companyplaint dated 02.05.2012 leading to the impugned prosecution was filed by the second respondent.
Let family companynseling be done with husband so that domestic life may remain peaceful.
Applicant told that her husband Swapnil does number do any work business and other members of in laws house by putting demand of dowry cause physical and mental harassment.
job of your father will be loosed and you would start begging on road and gave threat that do number dare to go in police, numberody would give evidence against us in companyony because we have approach with big leaders and officers and gundas elements.
Family companynseling of both parties was done.
It is seen from Annexure P3 application filed by the first appellant on 14.07.2011 under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of companyjugal rights that the second respondent had left the matrimonial house on 23.04.2011 and thereafter she had number gone back.
You being husband of companyplainant Kirit put illegal demand of Rs.1,00,000/ , car and 10 tola gold as dowry on various intervals from 24.06.2009 to 30.04.2012 from companyplainant Kirti and her relatives?
It seems another application under Section 125 of Cr.
As per the impugned order, the High Court declined to exercise its jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 hereinafter referred to as Cr.
Thereafter only, in the presence of the family members, marriage was solemnized on 24.06.2009.
The same is extracted below Sir, In companynection with enquiry of reference application both the parties appeared in women police station and statement of both were recorded which are enclosed with enquiry.
50 dated 02.05.2012 under Section 498A, 506 and 34 of IPC was registered.
She also filed a companyplaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 on 17.05.2012.
Thereafter, she had lodged a companyplaint on 07.09.2011 before the very same police station.
When your mother, father, brother and sisters would be sent behind jail in false allegations then see govt.
The Respondent No.
Report is submitted in your goodself.
Non applicant told in his statement that my domestic life companyld number run peacefully due to intervention of members of parental house of Kirti.
If you go in police then proceeding will be done against you number against us.
85 of 2013 before the Sessions Court which was dismissed by Order dated 14.03.2013 by the Additional Sessions Judge, Indore.
The gist of the companyplaint dated 02.05.2012 reads as follows On 30.04.2012 they said if you do number fulfill our demand then we would kill you, thus my husband, father in law, mother in law and sister in law gave threat for life on the issue of demand of 10 tola gold, maruti car and 1 lac rupees cash in dowry and have subjected me on physical and mental harassment number I have been harassed from cruelty of members of in laws house and I do number want to enter into any companypromise rather I want legal proceeding.
During the pendency of the proceedings for restitution of companyjugal rights, the second respondent, on 07.09.2011, lodged a companyplaint before Mahila Thana, Indore Police Station raising allegations against the appellants, the maternal uncle, maternal aunt and the sister of the first appellant.
She lodged a companyplaint with Mahila Thana, Indore Police Station on which FIR No.
PC was also filed by her.
2 is the wife of the first appellant.
The first appellant on 16.04.2012 withdrew the application filed under Section 9 of the Hindu Marriage Act, 1955, since according to the first appellant the second respondent was number inclined to resume companyabitation.
There are certain family differences between both the parties hence both the parties were suggested to rehabilitate their domestic life by companyrt proceeding.
The appellants filed Criminal Revision No.
Annexure P5 is the Record of Proceedings dated 12.12.2011 when parties were called before Mahila Police Station.
KURIAN, J. Leave granted.
The appellant is aggrieved by the order dated 02.09.2013 passed by the High Court of Madhya Pradesh Bench at Indore.
