Madhya Pradesh High Court
Smt. Radha Paraser vs The State Of Madhya Pradesh on 25 July, 2023
Author: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 25 th OF JULY, 2023
MISC. CRIMINAL CASE No. 20452 of 2022
BETWEEN:-
1. SMT. RADHA PARASER W/O SHRI LALJI
PARASAR, AGED ABOUT 50 YEARS, OCCUPATION:
HOSUE WIFE BARA KIRATPURA POLICE STATION
NAWGAON DIST. CHHATARPUR MP (MADHYA
PRADESH)
2. SONLATA PARASER D/O SHRI LALJI PARASER
OCCUPATION: HOUSE WIFE R/O BARA
KIRATPURA, POLICE STATION NAWGAON
DISTRICT CHHATARPUR (M.P.) (MADHYA
PRADESH)
3. KULDEEP PARASER S/O SHRI LALJI PARASER,
AGED ABOUT 34 YEARS, R/O BARA KIRATPURA,
POLICE STATION NAWGAON DISTRICT
CHHATARPUR (M.P.) (MADHYA PRADESH)
.....APPLICANTS
(BY SHRI L. C. CHOURASIYA - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION MAHILA THANA DIST.
CHHATARPUR MP (MADHYA PRADESH)
2. SUPERINTENDENT OF POLICE CHHATARPUR
CHHATARPUR (M.P.) (MADHYA PRADESH)
3. SMT. SIVANI GOSWAMI W/O SHRI KULDEEP
PARASER, D/O LATE ANIL KUMAR GOSWAMI R/O
SITARAM COLONY CHHATARPUR POLICE
STATION KOTWALI CHHATARPUR (M.P.)
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI A. S. PATHAK - GOVT. ADVOCATE FOR RESPONDENT NOS 1
AND 2 AND SHRI SHYAM YADAV - ADVOCATE FOR RESPONDENT NO.3 )
Signature Not Verified
Signed by: ARVIND KUMAR
DUBEY
Signing time: 7/26/2023
1:26:14 PM
2
This application coming on for admission this day, the court passed the
following:
ORDER
Applicants have filed this petition under Section 482 of the Code of
Criminal Procedure for quashing of FIR registered against them at Police
Station Mahila Thana, Chhatarpur in connection with Crime No. 07/2021 for
offence punishable under Sections 498-A and 34 of the IPC and Section 3/4 of
the Dowry Prohibition Act.
2. Counsel for the applicants has challenged FIR and charge sheet
on the ground that complaint has been made as a counter blast since applicant
no.3 has filed a petition on 24.8.2021 for divorce. After filing of the petition,
FIR has been registered on 3.9.2021. It is submitted that allegations made
against applicants are general in nature and therefore, FIR and charge sheet filed
against the applicants may be quashed. He relied on the judgment passed by
the Apex Court in Criminal Appeal No. 195/2022- Kahkashan Kausar @
Sonam and others Vs. State of Bihar and others dated 8.2.2022. In para 21
of the said judgment it has been held that if any specific role is not attributed to
accused/appellant then said appellant cannot be forced to go the trial. General
and omnibus allegations cannot manifest in a situation where the relatives of the
complainant and husband are forced to undergo trial. In these circumstances,
FIR was quashed.
3. Govt. Advocate for the State has opposed the petition. It is
submitted by him that case cited by learned counsel for the applicants is
distinguishable. In present case, there is specific allegations against applicant
no.1 who is mother-in-law, applicant no.2 who is sister-in-law and applicant
no.3 who is husband. As per statement of Shivani, it has specifically been
Signature Not Verified
Signed by: ARVIND KUMAR
DUBEY
Signing time: 7/26/2023
1:26:14 PM
stated that on 7.8.2018 dowry was demanded by Smt. Radha Paraser, Sonlata
Paraser and Kuldeep Paraser. Thereafter, again on 21.8.2018, dowry was
demanded and she was beaten up by said persons which resulted in her
miscarriage. At the time of her `Third Vida' also an amount of Rs. 5 lakhs was
demanded from her and after some time husband was demanded gold chain.
She was continuously being harassed in relation to demand of dowry.
Considering the aforesaid statement, it cannot be said that allegations made
against the applicants are general in nature. It has been stated that FIR has been
lodged as a counter blast.
4. Counsel appearing for the applicants is unable to tell when
complainant got information regarding filing of divorce case and after having
knowledge of said divorce case FIR has been registered against the applicants.
It has also been argued that no document showing miscarriage has been been
filed, therefore, allegations made against the applicants are false.
5. Court at this stage will not consider whether allegations made
against the applicants are false or not. It is for the trial Court to consider
regarding truthfulness or falsity of allegations made by prosecution. Court is
only to consider that whether prima facie offences are made out or not.
Specific allegations are made against the applicants.
6. Considering the aforesaid facts and circumstances of the case,
petition is dismissed.
(VISHAL DHAGAT)
JUDGE
DUBEY/-
Signature Not Verified
Signed by: ARVIND KUMAR
DUBEY
Signing time: 7/26/2023
1:26:14 PM
