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
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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
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[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
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[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.
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[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