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2018 DIGILAW 398 (RAJ)

Kanti Lal v. State of Rajasthan

2018-02-01

SANDEEP MEHTA

body2018
JUDGMENT Sandeep Mehta, J —By way of this misc. petition under Section 482 Cr.P.C., the petitioners have approached this Court seeking quashing of the FIR No.398/2016 registered at the Police Station Balotra, District Barmer for the offences under Sections 323, 406 and 498A IPC. 2. 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. 3. 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 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. 4. 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. 4. 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. 5. In view of the above discussion, the instant misc. petition as well as stay petition are dismissed as being devoid of merit.