JASA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present petition has been filed by Jasa Ram, his parents Kanhaiya Lal and Smt. Amrav and his sister Kumari Gayatri seeking quashing of criminal proceedings arising out of FIR No. 57/2007 of the Police Station Manila Thana, Jodhpur and the criminal proceedings arising therefrom for the offences under Sections 498-A, 406, 323 read with Section 34 l.P.C.

(2.) SUCCINCTLY stated, facts necessary for the disposal of the petition are that the petitioner - Jasa Ram was married to respondent No.2 - Smt. Sarita on 4.5.2003. A child was born out of the wedlock in September, 2004. Smt. Sarita lodged a report at the Police Station, Mahila Thana, Jodhpur on 16.4.2007 making allegations therein that she was harassed on account of brining less dowry by all the petitioners and that the dowry articles belonging to Smt. Sarita were not returned back. It was also alleged that she was beaten up by the accused persons. Subsequent to he investigation in the said FIR, the police has filed a charge-sheet in the Court of A.C.J.M. No.2, Jodhpur and charges have been framed against the petitioners for offences under Sections 498, 406, 323 read with Section 34 of l.P.C. Subsequent to the framing of the charges, statement of the first prosecution witness has already been recorded.

(3.) THE petitioner has further argued that prima facie, no commission of the offence under Section 498-A IPC is disclosed against the petitioners even from the admitted allegations leveled in the FIR and the material collected in support thereof during the course of the investigation.