Decided on June 28,2005

Pratap Chand Rathore Appellant


DHIRENDRA MISHRA,J. - (1.) The present petition has been filed by the applicants under Section 482 of the Cr.PC praying for quashing of the criminal proceedings initiated against them on the basis of the FIR lodged by non-applicant No. 2 herein.
(2.) Brief facts necessary for adjudication of this petition are that the non-applicant No. 2 submitted a written report to the Station House Officer of Police Station, Jagdalpur on 15-1 -2001 and on the basis of which after conducting preliminary enquiry Crime No. 20/2001 was registered against the applicants and the husband of non-applicant No. 2, namely Jayantilal.
(3.) The allegations in the written report against the applicants are that the non-applicant No. 1 was married to Jayanti Lal Jain on 6-6-91. One month after the marriage the applicants started harassing non-applicant No. 2 demanding dowry. Non-applicant No. 2 gave birth to a daughter on 16-6-92 at Jagdalpur. After birth of the daughter husband of non-applicant No. 2 Jayantilal started business at Raipur and lived there for 5-6 years with his wife and daughter. Thereafter said Jayantilal became addict to liquor etc. and left Raipur for Bangalore in the year 1998 without informing his wife non-applicant No. 2. She tried to ascertain the whereabouts of her husband from the present applicants but they never informed about his whereabouts and rather started torturing her mentally. She went to her matrimonial home in May, 1999 with her brother and lived there upto August, 1999. When her brother Suresh Parkh visited Bangalore, the applicants 1 and 3 abused him and demanded a sum of Rs. 3,00,000.00in the name of repayment of loan taken by husband of non-applicant No. 2. A report was lodged by the non- applicant No. 2 on 27-8-99 in Police Station, Alsur Gate, Traffic Zone, Bangalore. Thereupon non-applicant No. 2 and Jayantilal husband of non-applicant No. 2 were called by the police and there the; apologized for their fault if any and Jayantilal promised in writing that he will live with his wife and daughter at Jagdalpur and maintain them. However, when he did not come to Jagdalpur as promised, complainant/non-applicant No. 2 again visited Bangalore in February, 2000 and stayed at her sister's house. There she called her husband and applicant No. 1. However, they again demanded Rs. 3,00,000.00 in the name of repayment of loan. After return from Bangalore the report mentioned above lodged. After registration of the offence, the police recorded the statements of brother of non-applicant No. 2 namely Manoj Parkh, Meghraj Parkh and Suresh Parkh and filed charge-sheet against the applicants and husband of non-applicant No. 2 namely, Jayantilal.;

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