HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5452/2018
1. Dhirendra Verma S/o Shri Ganpatlal Verma, R/o 1, Hariom
Nagar, Bunglow No. 7, Raw House No. 7, Eastern Exdpress
Highway, Mulund East, Mumbai, Mumbai Railway
(Maharashtra)
2. Ganpatlal Verma S/o Shri Chandmal, R/o 1, Hariom Nagar,
Bunglow No. 7, Raw House No. 7, Eastern Exdpress Highway,
Mulund East, Mumbai, Mumbai Railway (Maharashtra)
3. Smt. Shashikala Verma W/o Shri Ganpatlal Verma, R/o 1,
Hariom Nagar, Bunglow No. 7, Raw House No. 7, Eastern
Exdpress Highway, Mulund East, Mumbai, Mumbai Railway
(Maharashtra)
4. Manish Verma S/o Shri Ganpatlal Verma, R/o 1, Hariom Nagar,
Bunglow No. 7, Raw House No. 7, Eastern Exdpress Highway,
Mulund East, Mumbai, Mumbai Railway (Maharashtra)
5. Smt. Archana Bhama W/o Shri Lokesh Bhama, R/o 165, Pawan
Puri Shopping Complex, Nagnechi Scheme, Bikaner (Raj.)
6. Shri Dr. Lokesh Bhama S/o Dr. Nirmal Soni, R/o 165, Pawan
Puri Shopping Complex, Nagnechi Scheme, Bikaner (Raj.)
—-Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Smt. Shipra Soni W/o Shri Dhirendra Verma D/o Shri
Manakchand Soni, R/o H. No. 217/5, Ward No. 5, Chota
Rangmahal, Opposite Soniji Ki Nasiya, Agra Gate, Ajmer,
Kotwali Ajmer, Ajmer (Raj.)
—-Respondents
For Petitioner(s) : Mr. Kartikay Johri, for
Mr. Rahul Agarwal
For Respondent(s) : Mr. Prakash Thakuriya, P.P.
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
/ Order
07/09/2018
(2 of 3) [CRLMP-5452/2018]
I have heard ld. counsel appearing for the parties.
Instant petition has been preferred under Section 482
Cr.P.C. seeking quashing of impugned F.I.R. No.2/2018 registered at
Police Station Mahila Thana, Ajmer for offences punishable under
Sections 498-A and 406 I.P.C.
The learned counsel appearing for the petitioners has
submitted that the marriage of the petitioner No.1 was solemnized with
the respondent No.2 on 25.04.2007. It is contended that from last ten
years, the respondent No.2 is staying at her parents house. It is alleged
that the istridhan of the complainant has been retained by the accused.
As per Section 181 sub Section 4 Cr.P.C. the accused are bound to
return dowry articles i.e istridhan at the place where the wife is
residing. Offence under Section 406 I.P.C. is a recurring offence. It is
committed on the each day till goods are returned.
Taking totality of circumstances, no ground is made out to
cause interference, qua the petitioners Nos.1 to 3 as against them
specific allegations have been levelled and, thus, the present petition,
qua the petitioner Nos.1 to 3 is dismissed with liberty to raise all
arguments available to them before the trial Court.
The petitioners Nos.4 and 6 are brothers of the husband of
the complainant, whereas the petitioner No.5 is wife of the brother of
the husband of the complainant, they have nothing to gain from the
alleged demand of dowry.
Issue notice to the respondents, qua petitioners Nos.4 to 6
only, for 29.11.2018.
Meanwhile, the further proceedings, qua petitioners Nos.4 to
6 arising out of impugned F.I.R. shall remain stayed.
Considering the age and relationship of the petitioner Nos.2
3 and the fact that they are suffering from ailment, their personal
(3 of 3) [CRLMP-5452/2018]
appearance before the trial Court is exempted, subject to following
conditions :-
“A. That the petitioner Nos.2 and 3 shall file an undertaking
that they shall appear before the ld. trial Court at the time of
framing of the charges, recording of the statement under
Section 313 Cr.P.C. and at the time of delivery of the judgment.
B. That the petitioner Nos.2 and 3 shall further state in the
undertaking that the evidence of the witnesses recorded in their
absence but in the presence of their Counsel shall be binding
upon them.
C. That in the undertaking, so filed they shall state that they
shall appear before the ld. Court below as and when called upon
to do so.
D. That the upon appearance of the petitioner Nos.2 and 3,
the trial Court shall accept personal bail bonds and bonds to be
submitted by the sureties of the petitioner Nos.2 and 3 towards
regular bail and same shall enure during the pendency of the
trial.”
(KANWALJIT SINGH AHLUWALIA),J
ashok
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