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Kanti Lal & Ors vs State & Ors on 1 February, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 7 / 2018
1. Kanti Lal S/o Kheta Ram, Kheteshwar Colony, Manana House,
Balotra, District Barmer 344022

2. Narpat Singh S/o Kheta Ram, Kheteshwar Colony, Manana
House, Balotra, District Barmer 344022

3. Tijo Devi W/o Kheta Ram, Kheteshwar Colony, Manana House,
Balotra, District Barmer 344022

4. Manju D/o Kheta Ram, Kheteshwar Colony, Manana House,
Balotra, District Barmer 344022

5. Kheta Ram S/o Shri Jawahar Singh, Kheteshwar Colony,
Manana House, Balotra, District Barmer 344022
—-Petitioners
Versus
1. The State of Rajasthan

2. Complainant- Rekha Kanwar W/o Narpat Singh D/o Kishan
Singh, Resident of Kheteshwar Colony, Manana House, Balotra,
District Barmer 344022. Presently Residing At Banar, PS- Banar
Dist. Jodhpur.

3. Inspector General of Police, Jodhpur Range, Jodhpur.

4. The Superintendent of Police, Barmer.

5. SHO Balotra Police Station, Dist. Barmer
—-Respondents
__
For Petitioner(s) : Mr. Anand Purohit, Sr. Advocate with
Mr. Ashish Somani.
For Respondent(s) : Mr. Deepak Choudhary, PP.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment
01/02/2018

By way of this misc. petition under Section 482 Cr.P.C., the

petitioners have approached this Court seeking quashing of the
(2 of 4)
[CRLMP-7/2018]

FIR No.398/2016 registered at the Police Station Balotra, District

Barmer for the offences under Sections 323, 406 and 498A IPC.

Learned Senior Counsel Shri Anand Purohit vehemently

urges that the entire crux of allegations set out in the impugned

FIR is false and fabricated. The complainant herself abandoned the

matrimonial home and is living separately without any cause. The

complainant’s father is working in the police and he has misused

his influence for getting the false and fabricated FIR registered

against the petitioners. He further referred to para No.G of the

petition wherein, it is averred that the petitioner is ready to stay

separately with the complainant to save the marriage. He further

urged that as a matter of fact, the complainant party forced their

way into the house of accused petitioners and caused injuries to

the inmates and also outraged the modesty of the females in the

family for which, an FIR No.399/2016 has been registered against

them. As per Shri Purohit, the present FIR is simply a means of

pre-empting the prosecution launched by the petitioners against

the complainant’s family members. He thus implores the Court to

exercise its inherent powers and to quash the impugned FIR as

amounting to an abuse of process of law.

Per contra, learned Public Prosecutor has placed on record,

the detailed factual report of the I.O. as per which, thorough

investigation was conducted after registration of the impugned FIR

and the I.O. came to a conclusion that the petitioners indulged in

inflicting harassment and torture upon the complainant soon after

her marriage with the petitioner No.2 Shri Narpat Singh. The

complainant was carrying an advanced pregnancy of eight months
(3 of 4)
[CRLMP-7/2018]

and she was brutally assaulted and was turned out of the

matrimonial home immediately whereafter, the FIR came to be

lodged. The complainant’s allegations have been verified during

investigation by the injury report and bank statements as per

which, the accused withdrew the amount of FDR gifted to the

complainant by her father. He thus craves dismissal of the misc.

petition.

Having heard and appreciated the arguments advanced by

the learned counsel for the parties and after having gone through

the impugned FIR as well as the I.O.’s factual report, this Court is

of the firm opinion that the petitioners inflicted extreme cruelty

with the respondent complainant who was carrying an advanced

pregnancy of eight months. The lady was brutally assaulted in the

matrimonial home and was turned out at the stage when she

required all the love and affection of her husband and other family

members. The complainant’s allegations were found to have been

corroborated by the medical examination report. Furthermore, the

allegation of demand of dowry was also verified because the FDR

given to the complainant by her father as a gift was encashed by

the accused. Consequences of the FIR No.399/2016 lodged by the

accused petitioners against the relatives of the respondent

complainant would have to be seen by the trial court at the

appropriate stage but, for the present, this Court is of the firm

opinion that the circumstances do not warrant exercise of inherent

powers under Section 482 Cr.P.C. so as to quash the impugned FIR

at the inception. The petitioners are given liberty to raise all their

objections before the appropriate forum at the appropriate stage.
(4 of 4)
[CRLMP-7/2018]

In view of the above discussion, the instant misc. petition as

well as stay petition are dismissed as being devoid of merit.

(SANDEEP MEHTA), J.

Tikam/36

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