KAMLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners have prayed for quashing of the FIR, FIR No.147/2010, registered at Mahila Thana (North), Jaipur for offences under Sections 498A and 406 IPC.

(2.) BRIEFLY the facts of the case are that Smt. Jyoti Sharma, respondent No.2, was married to Kuldeep Sharma, petitioner No.5, on 02.12.2009 according to the Hindu customs and rites. According to Smt. Jyoti Sharma, at the time of her marriage, her parents had given sufficient dowry as per their capabilities. However, when Smt. Jyoti Sharma reached her matrimonial home, both her husband and her in-laws', including both of her sister-in-laws, namely Komal and Alka, petitioner Nos.3 and 4 respectively, started physically and mentally torturing her for dowry. Unable to bear their cruel behavior, eventually on 13.09.2010, Smt. Jyoti Sharma filed a complaint before the Additional Civil Judge (JD) and Judicial Magistrate No.13, Jaipur City, Jaipur. The learned Magistrate sent the said complaint for further investigation under Section 156(3) Cr.P.C. to the Police Station Mahila Thana (North), Jaipur. On the basis of the said complaint, the police chalked out a formal FIR, FIR No.147/2010, for the aforementioned offences. Hence, this petition before this Court.

(3.) IT is, indeed, a settled position of law that the investigation is the sphere of the police. IT is equally well settled that in case the allegations levelled in the FIR are taken to be true and are taken to be un-rebutted, and if the allegations make out commission of the offence then this Court should not interfere with such a FIR in its inherent jurisdiction under Section 482 Cr.P.C. [Ref. to State of Haryana & Ors. vs. Chaudhary Bhajan Lal & Ors. (AIR 1992 SC 604)].