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2014 DIGILAW 1709 (RAJ)

Mohan Lal v. State of Rajasthan

2014-10-27

KANWALJIT SINGH AHLUWALIA

body2014
JUDGMENT 1. - Prayer in the instant miscellaneous petition preferred under Section 482 of the Code of Criminal Procedure, 1973 is for quashing of First Information Report bearing No.88/2014, registered at Police Station, Ranoli District Sikar for offences punishable under Sections 498-A and 406 of Indian Penal Code. 2. This Court on 08.08.2014 had passed the following order:- "The lawyers are stated to be on indefinite strike. Perused the contents of the instant petition. In the present case, petitioner Nos.3, 4 and 5, namely Manju, Santosh & Sarita are minor sisters of husband of complainant/respondent No.2 - Savita. Petitioner No.7 - Sharwani is married sister of husband of complainant/respondent No.2, whereas petitioner No.6 - Mahaveer Singh, is husband of petitioner No.7 - Sharwani. Issue notice for affecting service upon complainant/respondent No.2, returnable on 26.09.2014. Till then, the further proceedings arising out of impugned F.I.R. bearing No.88/2014, registered at Police Station, Ranoli, District Sikar, for offences punishable under Sections 498-A and 406 I.P.C., qua petitioners No.3 to 7 are, hereby, stayed. However, the present petition is, hereby, dismissed, qua petitioner Nos. 1, 2 and 8, namely Mohanlal, Gulabi and Raju @ Rajendra @ Raj Kumar Dhaka." 3. Thereafter, under the orders of Hon'ble the Acting Chief Justice, the present miscellaneous petition has been listed before this Court. 4. As is evident, the petitioners Nos. 3, 4 and 5, namely Manju, Santosh and Sarita are the minor sisters of the husband of complainant/respondent No. 2 - Savita. Petitioner No.6, namely Mahaveer Singh is husband of married sister, being petitioner No.7, namely Sharwani. 5. A perusal of instant First Information Report reveals that general, vague and omnibus allegations have been levelled against the petitioner Nos.3 to 7. No specific allegation has been levelled, qua the petitioners. 6. Furthermore, it was held by the Hon'ble Apex Court in the case of Preeti Gupta and Another v. State of Jharkhand and Another, reported in A.I.R. 2010 Supreme Court 3363 that there is tendency in the matrimonial litigation/dispute to inflate the number of accused. 7. Considering the fact that the unmarried minor sisters and married sister and her husband have nothing to gain from the alleged demand of dowry, this Court is of the view that by nominating all the persons of the family, complainant/ respondent has abused the process of law. 8. 7. Considering the fact that the unmarried minor sisters and married sister and her husband have nothing to gain from the alleged demand of dowry, this Court is of the view that by nominating all the persons of the family, complainant/ respondent has abused the process of law. 8. Consequently, the present miscellaneous petition is accepted, qua petitioner Nos.3 to 7 and the impugned order First Information Report along with all subsequent proceedings is, hereby, quashed. However, as stated earlier, the proceedings shall continue, qua petitioner Nos.1, 2 and 8, namely, Mohanlal, Gulabi and Raju @ Rajendra @ Rajkumar Dhaka.Upon disposal of main petition, the stay application, filed therewith does not survive; the same is also dismissed.Petition partly allowed. *******