ANITA Vs. RINABAI

JUDGEMENT

(1.) The petitioners have filed this petition under section 482 of Cr.P.C. for quashing entire criminal proceedings in connection with criminal case no. 162/10 pending in the Court of Judicial Magistrate. First Class, Guna (M.P.) and order dated 4.2.2010 taking cognizance for the offence punishable under section 498A . IPC against the petitioners.

(2.) Learned counsel for the petitioners has submitted that complainant Rinabai has filed a complaint against her husband Chetan Kumar and mother -in -law Smt. Premlata and father -in -law Mohanlal and two sisters of her husband who are petitioners herein namely Smt. Anita and Smt. Kalpana. Learned counsel for the petitioners has submitted that marriages of the petitioners have been done before the marriage of the complainant with Chetan Kumar and the allegation for harassment has been made on 5.6.2008 against husband, father -in -law and mother -in -law. He has drawn attention towards the statement of complainant recorded under section 202 of Cr.P.C. in which she has admitted that earlier she had given an application on 16.3.2007 and after advice of Parivar Paramarsh Kendra, she had gone to live with her husband. The allegation against the petitioner is before 16.3.2007 and that too for making demand of motorcycl and Rs. 1 lac. After compromising the matter before the Parivar Paramarsh Kendra and without any allegation of cruel treatment against the petitioners and without any allegation against the petitioners regarding incident of 5.6.2008 the order taking cognizance against the petitioners is not justified.

(3.) In the present case, the petitioners who are sisters of complainant's husband got married before the marriage of complainant with Chetan Kumar and the report lodged against them was finally disposed of when the complainant had gone to live with her husband on 16.3.2007 and for the acts done by the husband, mother in -law and father in -law on 5.6.2008 in the absence of the petitioners, the petitioners cannot be implicated as accused for the alleged incident because it is not in continuation of the first incident. Therefore, the petition is allowed and the entire criminal proceedings in connection with criminal case no. 162/10 pending in the Court of Judicial Magistrate First Class, Guna (M.P.) and order dated 4.2.2010 taking cognizance for the offence punishable under section 498A ,IPC against the petitioners are hereby quashed. The Court is directed to proceed with the case against the remaining accused except the present petitioners. A copy of this order be sent to the trial Court for information and its compliance.