PASHU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this misc. petition filed under Section 482 Cr.P.C., the petitioners have prayed for quashing FIR No. 96/2009 dated 14.8.2009 filed at Police Station Padampur, District Sriganganagar and charge sheet No. 56/2010 filed in pursuance of the said FIR against the present petitioners for offence under Section 498-A IPC.

(2.) THE main contention of learned counsel for the petitioners is that upon perusal of FIR and charge-sheet, it will reveal that no offence has been committed by the petitioners and present FIR is nothing but outcome of concocted and vague allegations against the petitioners. It is also submitted that as per statement of witnesses recorded under Section 161 Cr.P.C. by the Police no offence under Section 498-A IPC is made out against the present petitioners. Further, it is submitted that from the statement recorded under Section 161 Cr.P.C. of all the witnesses it appears that they gave contradictory evidence to each other, therefore, it can be said that there is no evidence or material available on record to show that the petitioners made any demand of dowry to harass the complainant. With regard to allegation of cruelty, it is submitted by learned counsel for the petitioners that harassment of woman with a view to torturing her to meet any unlawful demand or any property or valuable security or is on account of failure by her or any person related to her to meet such demand can be termed as cruelty but in the instant case no such cruelty has been committed by the petitioners, therefore, the proceedings initiated against the petitioners deserves to be quashed. For petitioner No. 1, it is submitted that he is government servant and holding the post of Teacher Grade III and the complainant wants to spoil the service career of the petitioner No. 1, therefore, she lodged a case for offence under various Sections of IPC but after investigation, challan has been filed under Section 498-A IPC. It is further argued that petitioner No. 2 is a housewife and she is having much faith in the God and spend her most of the time for the worship of God. THErefore, it can be said that the petitioners being father in law and mother in law of complainant has been implicated on false and baseless grounds in this case.

(3.) IN this view of the matter, it is not a case in which any interference is warranted. Hence, this misc. petition filed under Section 482 Cr.P.C. is hereby dismissed. However, the petitioners will be at liberty to raise their all grounds before the trial Court at the time of framing charge.