Husband, In-Laws 'Falsely Implicated' By Wife In View Of Matrimonial Dispute Between Parties: Madhya Pradesh HC Quashes Rape, Dowry FIR

While quashing a rape and dowry FIR against a husband and his kin, the Indore Bench of the Madhya Pradesh High Court said that the petitioner and his family members were "falsely implicated", adding that the lodging of the FIR at the wife's instance appeared to be an act of "wreaking vengeance". The court said this after noting that there existed a pending civil suit filed by the petitioner husband against the complainant wife and another individual seeking a permanent injunction. Justice Subodh Abhyankar observed, “Whereas a matrimonial dispute exists between the parties as the petitioner No.1 has already filed a divorce petition against the respondent No.2/complainant on 16.02.2021, whereas the present FIR has been lodged by the complainant on 04.03.2021, which appears to be an act of wreaking vengeance on the accused/petitioners, only as a counterblast to the civil cases.…under the facts and circumstances of the case, this Court is satisfied that petitioner no.1 and his family members have been falsely implicated in the criminal case due to matri monial dispute between the petitioner no.1 and his wife, the respondent no.2 herein, and the continuation of trial against them would only amount to misuse of the process of the Court.” The court was hearing a petition by the petitioner husband and his family seeking quashing the FIR lodged under IPC Sections 354, 354, 376, 323, 294, 506, 34 & 498A and Sections 3 & 4 of The Dowry Prohibition Act. It is also found that the complainant herself is well educated, whereas, the petitioner Nos.1 and 4 are also qualified Engineers, the documents regarding which, have already been filed on record, which have not been rebutted by the respondent No.2, whereas petitioner Nos.2 and 3 are the father-in-law and mother-in-law of the respondent No.2.” The court also noted that as per wife's medical examination, and as per the history given to the doctor it was stated that her husband has left her around four months ago.