1 IN THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE. [ENTITY] : HON'BLE SHRI JUSTICE [ENTITY] M.Cr.C. No.2542/2016 Sourabh Singh and anotehr Vs. State of M.P. and another Ms. [ENTITY], learned counsel for the applicant. Shri [ENTITY], learned counsel for respondent No.1/State. Shri [ENTITY], learned counsel for respondent No.2. ORDER
(Passed on 22/12/2016) This application under [SECTION] [ACT] is filed for quashment of FIR in Crime No.03/2016, Police Station- Mahila Thana under [SECTION], [SECTION] of [ACT] and [SECTION] of [ACT] and also the proceedings pending before the Judicial Magistrate First Class, Indore.
2. According to relevant facts the applicant No.1 married with respondent No.2/objector on 22.11.2001 by Arya Samaj Rituals, and thereafter, marriage according to Hindu Rites and Rituals was also took place on 01.03.2002. Subsequently, the dispute arose between the couple and between the family members. It is alleged that the applicant No.1 demanded a dowry of Rs.10/- lakh and also a share for the respondent No.2 in property of her father. So far as the applicant No.2 is concerned, it is alleged in the FIR that on 15.08.2015, the applicant No.2 came to Indore and demanded her share in property of father of applicant No.1 and herself. When respondent No.2 opposed, applicant No.2 started beating her and applicant No.1 also under the influence of liquor gave severe beating to her.
3. Learned counsel for the applicants placed reliance of judgments of Hon'ble Apex Court in case of [PRECEDENT], [PRECEDENT] [PRECEDENT] and [PRECEDENT]. The main contention, inter-alia, of the learned counsel for the applicants is that there should be specific avermetns in the FIR when there are no specific averments, no criminal proceedings could follow.
4. Learned counsel for the respondent, however, opposes the application. He placed reliance on order passed by the coordinate Bench of this Court in case of [PRECEDENT]; [CASE NUMBER] dated 26.02.2014. In this case, the coordinate Bench of this Court held that when there are specific averments and allegations in the FIR, an inquiry should be made and only after the inquiry it can be ascertained whether such allegations are false or correct.
5. Firstly, at this stage, only allegations made in the FIR to be seen and according to the allegations made in the FIR there are specific allegations against the applicant No.1, who is husband of the complainant and also against the respondent No.2. It will only be after detailed inquiry and also taking into consideration the various defence taken by the applicants, whether this amounts to an offence under [SECTION] [ACT], at this stage, no case is made out for consideration of this application and quashment of FIR filed by the complainant, and accordingly, being devoid of merit this application is dismissed.
( [ENTITY]) Judge [ENTITY]