HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1423 / 2016
1. Gaurav Kumar S/o Shri Balkishan
2. Balkishan S/o Shri Jattu Ram
3. Krishna Devi W/o Shri Bal Kishan
All by caste Arora, resident of Gali No.13, Nai Aabadi, Abohar
Tehsil Abohar, District Fazilka (Punjab)
4. Vijay Kumar S/o Shri Jattu Ram, by caste Arora, resident of
House No.B-4-795, Abohar District Fazilka (Punjab)
—-Petitioner
Versus
1. The State of Rajasthan
2. Smt. Sunayana W/o Gaurav Kumar D/o Shri Mohan Lal Arora,
resident of 9/44, Housing Board, Near District Jail, Hanumangarh
Junction, District Hanumangarh
—-Respondent
__
For Petitioner(s) : Mr. Dhirendra Singh
For Respondent(s) : Mr. Vikram Singh Rajpurohit, P.P.
Mr. Vineet Jain
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Order
07/12/2017
By way of this petition under Section 482 CrPC, the
petitioners have approached this court for challenging further
proceedings of the FIR No.101/2016 registered at Police Station
Mahila Thana, Hanumangarh for the offences under Sections 498-
A, 406, 323, 376 and 377 IPC.
The petitioners have set out a specific case in the
petition that the respondent Sunayana, who is an Advocate, was
married to the petitioner No.1 Gaurav at Abohar, Punjab in the
(2 of 4)
[CRLMP-1423/2016]
year 2008. She was in relationship with a boy named Sachin
Sharma before her marriage and even thereafter she continued
the illicit relations. The petitioners have filed on record numerous
photographs of the complainant and the said Sachin Sharma in
intimate positions. Recordings of the conversation held inter se
between the complainant and the said Sachin Sharma have also
been filed on record, which clearly indicate that both were
indulging in a rampant extramarital affair. In the conversation
recorded on 23.12.2015, Sachin is heard instigating the
complainant to administer intoxicating tablets to the petitioner and
his family members by mixing the same in milk and thereafter
when the family members fell asleep by its effect, he proposed to
enter in the petitioners’ house so as to continue his illicit
relationship with the lady.
These facts were duly verified during investigation of
FIR No.18/2016 lodged by the petitioner Gaurav at Police Station
Abohar City, wherein after investigation, a charge-sheet has been
filed against the respondent Sunayana and Sachin for the offences
under Sections 328, 380, 384, 497 and 120-B of the IPC and
Section 66-E of the IT Act. It is stated that Sunayana and Sachin
are absconding and the court at Punjab has issued warrant of
arrest against them. It is also stated that the respondent
complainant has abandoned her two minor children in the
petitioners’ family and they are being taken care of by the
petitioner Gaurav as their natural guardian. While absconding
from the matrimonial home, she made off with her own jewelry
and so also the valuables owned by the petitioners.
(3 of 4)
[CRLMP-1423/2016]
As per the factual report of the present case submitted
for court’s perusal, the Investigating Officer has not found the
offences other than the one under Section 406 IPC proved against
any of the accused petitioners. Admittedly, the marriage of the
parties took place at Punjab and they stayed together in Punjab
and never came to Rajasthan. Thus, there is no reason so as to
satisfy the court as to why the investigation of the FIR can be
permitted to be conducted by Rajasthan Police.
Furthermore, in view of these glaring material facts, it
is manifest that the entire story as set up by the complainant is
false and fabricated. Otherwise also, the Investigating Officer has
not found most of the offences proved against the petitioners.
The fact regarding charge-sheet filed against the complainant in
the court at Punjab has been verified by the Investigating Officer
as per the factual report.
In this background, the conclusion drawn by the
Investigating Officer that the petitioners are responsible for the
offence under Section 406 IPC is totally unsustainable because the
complainant has been charge-sheeted for the offence under
Section 380 IPC in the case filed by the petitioners at Punjab,
wherein there is a categoric finding of police that Sunayana made
off with her dowry articles and other valuables owned by the
petitioners.
In this view of the matter, I am of the firm opinion that
allowing further proceedings of the impugned FIR to be continued
against the petitioners would amount to an absolutely gross abuse
of the process of law. Hence, the instant miscellaneous petition
(4 of 4)
[CRLMP-1423/2016]
deserves and is hereby allowed. The impugned FIR No.101/2016
registered at Police Station Mahila Thana, Hanumangarh and all
proceedings sought to be taken therein against the petitioners are
hereby quashed.
The petitioners are at liberty to initiate proceedings
against the respondent No.2 complainant for launching a
manifestly false and fabricated prosecution against them.
(SANDEEP MEHTA), J.
Pramod