HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc(Pet.) No. 1450 / 2018
Nitin Son of Shri Karanpal Singh, Aged About 37 Years, By Caste
Jat, Resident of House No. 236, Green Estate Modipuram, Merath,
Uttar Pradesh, Medical College, Merath, Uttar Pradesh.
1. State of Rajasthan
2. Divya Singh Wife of Nitin Daughter of Kshetrapal Singh,
Resident of A-58, Rawla, Shastri Nagar, Jodhpur.
3. Smt. Brijbala Wife of Shri Karanpal Singh, Aged About 67 Years,
By Caste Jat, Resident of House No. 236, Green Estate
Modipuram, Merath, Uttar Pradesh, Medical College, Merath, Uttar
For Petitioner(s) : Mr. N.L. Joshi, Mr. Pakhat Singh
For Respondent(s) : Mr. M.S. Panwar, PP
HON’BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
This criminal misc. petition under Section 482 Cr.P.C. has
been filed on behalf of the petitioner with a prayer for quashing of
the FIR No.17/2018 of Police Station Mahila Thana West Jodhpur
City for the offences punishable under Sections 406, 323 and
In the impugned FIR, the respondent No.2 has stated that
the marriage between her and the petitioner was solemnized on
29.11.2012, however, later on, after living with her for some time,
the petitioner started harassing her for less dowry. In the FIR,
certain incidents of particular dates of the years 2012, 2013,
2014, 2015, 2016 and 2017 have been mentioned.
Learned counsel for the petitioner has submitted that as a
(2 of 2)
matter of fact there is no demand of dowry on the part of the
petitioner at any point of time and the allegations levelled in the
impugned FIR are false. Learned counsel for the petitioner has
placed reliance on certain transcriptions of audio between him and
the respondent No.2 and submitted that from the reading of those
transcripts, it is clear that the respondent No.2 has filed the
impugned FIR with false allegations only with the intention to get
divorce and money from the petitioner.
Learned Public Prosecutor has submitted a factual report
dated 9.5.2018 wherein, it is mentioned that the police after
thorough investigation into the allegations levelled in the
impugned FIR has found involvement of the petitioner in
commission of crime for the offences punishable under Sections
498-A and 323 IPC, however, the police has not found involvement
of the petitioner in commission of crime for the offence punishable
under Section 406 IPC.
Having heard learned counsel for the petitioner and after
going through the impugned FIR, I am not inclined to interfere in
the same as the allegations contained in the impugned FIR prima
facie do constitute cognizance offences against the petitioner.
Hence, this criminal misc. petition is dismissed.
The factual report dated 9.5.2018 be taken on record.