Madhya Pradesh High Court
Vivek Kumar Mandloi vs The State Of Madhya Pradesh on 20 December, 2023
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 20 th OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 27229 of 2023
BETWEEN:-
1. VIVEK KUMAR MANDLOI S/O ONKARLAL JI
MANDLOI, AGED ABOUT 30 YEARS, OCCUPATION:
DOCTOR, R/O 317 TAGAI COLONY SANAWAD
ROAD, KHARGONE DISTRICT KHARGONE
(MADHYA PRADESH)
2. PRIYA W/O MANISH GUPTA, AGED ABOUT 40
YEAR S, OCCUPATION: ASSISTANT PROFESSOR,
R/O 05/301, UNNATI GREENS, G.B. ROAD, NEAR
DHYAN GANDA SCHOOL, KASARWADWALI,
THANE DISTRICT THANE (MAHARASHTRA)
3. SMT. CHHAYA MANDLOI W/O LATE OMKARLAL
JI, AGED ABOUT 66 YEARS, OCCUPATION: RETD.
GOVT. TEACHER, R/O 317, TAGAI COLONY,
SANAWAD ROAD, KHARGONE (MADHYA
PRADESH)
.....APPLICANTS
(BY SHRI LAKSHMAN TRIPATHI, ADVOCATE.)
AND
1. THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
MAHESHWAR, DISTRICT KHARGONE (MADHYA
PRADESH)
2. PREETI MANDLOI, NEAR GOVERNMENT
HOSPITAL, KAUSHAL TYRE, P.S. MAHESHWAR,
DISTRICT KHARGONE (MADHYA PRADESH)
.....RESPONDENTS
(NO.1 BY SHRI SUDHANSHU VYAS, PANEL LAWYER.
NO.2 BY SHRI SANJAY KUMAR SHARMA, ADVOCATE.)
This application coming on for orders this day, th e court passed the
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 20-12-2023
18:29:52
2
following:
ORDER
The present petition is filed under Section 482 of Code of Criminal
Procedure, 1973 seeking quashment of FIR registered at crime No.06/2022
under Sections 498A and 506 of IPC and Section 3/4 of Dowry Prohibition Act
at police station Maheshwar, District Khargone (M.P.).
02. According to the prosecution case, story in short is that, complainant
Preeti Mandloi has lodged First Information Report dated 03.01.2022 alleging
therein that marriage of the complainant was solemnized with Neeraj Kumar
Mandloi on 08.12.2016 according to social rites and her father has given the
ornaments of gold and silver and Rs.1,00,000/- cash on the demand of in-laws.
Further, complainant/informant alleged that her husband and present applicants
demanded Rs.20 lakh to change the furniture of the house and when she refused
to it, they beaten her. She further alleged that her husband was doing the job in
Paris, so she went to Paris just after 20 days of marriage and on the way of
Paris, her husband stayed in Mumbai for 3 to 4 days in the house of applicant
No.2 where applicant No.2 started torturing her for dowry and, thereafter, they
had gone to Paris. It is further alleged that after 3 months in Paris
complainant/informant and her husband came back to Khargone and applicant
No.1 & 3 and her husband co-accused Neeraj Kumar Mandloi demanded
Rs.50,00,000/- for studies of M.D. of applicant No.1 and when she refused,
they started torturing her. It was further alleged that after two months,
complainant/informant and her husband Neeraj Kumar Mandloi went to Abu
Dhabi where her husband beaten her for the dowry and after two and half years
they went to Netherland and in the year 2020 complainant/informant became
pregnant and a baby namely Jenika was born on 06.05.2021. Thereafter her
husband Neeraj Kumar Mandloi threatened her that he will kill her if she goes to
the police, but she lodged a complaint before the Netherland police. Further
allegation of the complainant/informant is that co-accused Neeraj Kumar
Mandloi has taken the custody of baby and sent her back to India on
11.11.2021. It was further alleged that whenever her husband went to other
countries they stayed in the house of applicant No.2 where she was tortured by
the applicant No.2.
03. Learned counsel for the applicant submits that the applicants are
innocent and have been falsely implicated in the alleged offence. That, the
applicant No.2 is sister-in-law of the complainant and she is Assistant Professor
in Mumbai, applicant No.1 is brother-in-law of complainant and he is also a
MBBS doctor and trying for further studies and medical practice in Mumbai
and applicant No.3 is mother in law of the complainant, she is also a retired
teacher and old woman and also suffering from old age disease.
04. Shri Sudhanshu Vyas, learned Panel Lawyer for the respondent No.1
/ State and Shri Sanjay Kumar Sharma, learned counsel for the respondent No.2
opposed the aforesaid prayer by submitting that the cruelty and demand of
dowry is a contagious offence exist till the relationship is there.
05. As per the contents of FIR, there are omnibus general allegations
against the husband, brother-in-law, sister-in-law and mother-in-law of the
respondent No.2 / wife.
06. The Apex Court in case of Kahkashan Kausar @ Sonam & Ors
Vs. State of Bihar & Ors. (Criminal Appeal No.195/2022) has held that this
Court at numerous instances has expressed concern over the misuse of Section
498-A IPC and the increased tendency of implicating relatives of the husband in
matrimonial disputes, without analysing the long term ramifications of a trial on
the complainant as well as the accused. It is further manifest from the said
judgments that false implication by way of general omnibus allegations made in
the course of matrimonial dispute, if left unchecked would result in misuse of
the process of law. Therefore, this Court by way of its judgments has warned
the courts from proceeding against the relatives and in-laws of the husband
when no prima facie case is made out against them.
07. The main allegations are against the husband. Present applicants are
unnecessarily dragged in this criminal case, therefore, FIR registered against the
present applicants deserves to be quashed.
08. In view of the above, FIR registered at crime No.06/2022 under
Sections 498A and 506 of IPC and Section 3/4 of Dowry Prohibition Act at
police station Maheshwar, District Khargone (M.P.) is hereby quashed qua
applicant No.1 - Vivek Kumar Mandloi, applicant No.2 - Priya and applicant
No.3 - Smt. Chhaya Mandloi and all consequential proceedings arising out of
the aforesaid crime number deserves to be and are hereby quashed with respect
to the present applicants only.
08. With the aforesaid, this M.Cr.C. stands allowed and disposed of.
(VIVEK RUSIA)
JUDGE
Divyansh
