ASHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have prayed for quashing of FIR No. 164/2011, registered at Police Station Sarwar, District Ajmer, for offences under Sections 143, 341, 332, and 353 IPC. The facts of the case are that two of the petitioner's nieces were married to two of the complainant's sons. Since the girls were minor, although their marriage was solemnized, but the "Gauna" ceremony was yet to be performed. According to the petitioner, the complainant, lodged a false report on 17.6.2011 at Police Station Sarwar, in order to teach the petitioners a lesson. The complainant claimed that he is the local "Patwari." On 17.6.2011, around 8:30 P.M., when a governmental function was over, he was carrying the official record in his bag for depositing the documents in the Patwar House. While he was on his way, the petitioners intentionally assaulted him, took away some documents, and Rs. 500/-. On the basis of said report, a formal FIR, FIR No. 164/2011 was chalked out. Hence, this petition before this Court.

(2.) Mr. Rakesh Kumar, Learned counsel for the petitioners has contended that since the petitioners were reluctant to send their minor daughters to their in-laws, the complainant, having animosity, has lodged the present FIR. Secondly, on 17.6.2011, the complainant and other had come to the house of petitioners, and had assaulted the mother of petitioner Asha Ram. They also misbehaved with the other ladies of the family. Despite the fact that the petitioners went to lodge a report with regard to said incident, the police refused to register the case. Therefore, on 18.6.2011, the petitioners had no option, but to file a criminal complaint in the court. However, in the meanwhile, the complainant has lodged this false report against the petitioners. According to learned counsel the falsity of the FIR is apparent from the fact that at the relevant time, the complainant cannot be said to be "discharging official duty". Thus, no offence under Section 332 and 353 IPC is made out. Hence, the FIR should be interfered with.

(3.) Heard the learned counsel for the petitioners, and perused the material available on record.