PAWAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. petition has been filed by the petitioners herein seeking quashing of FIR No. 27/2018 lodged at the Mahila Police Station, Jodhpur City West for the offences under Sections 498-A, 406 & 354 IPC.

(2.) Briefly stated the facts relevant and essential for disposal of this misc. petition are that the complainant Padma Tiwadi W/o Shri Pawan Kumar, D/o Shri Radheyshyam, R/o Sardarpura E Road, Near Rajpurohit Hostel, Jodhpur lodged a complaint to the SHO, Mahila Police Station Jodhpur West on 10.02.2018 alleging inter alia therein that she was married to the petitioner No.1 Pawan Kumar on 25.05.2001. She alleged in the complaint that sufficient amount of dowry was given in the marriage. However, the complainant's husband and in-laws were not satisfied with the dowry articles and immediately after marriage, they started harassing and humiliating the complainant on this count. The valuable articles of the complainant were taken in possession by the mother-in-law Smt. Bhanwari Devi. She was beaten frequently and maltreated for not satisfying the unjust demand of dowry. In the initial days, the complainant tolerated the inhuman conduct of the accused believing that things would improve with time but to her predicament, the cruel behaviour of the accused increased. As the complainant's father was unable to meet the illegal demands of the accused and on this ground, not only was she maltreated but her father was also insulted. Right after the marriage, her father-in-law started casting an evil eye on her and he drilled a pinhole in her bedroom wall from which he used to spy on her. The complainant apprised of the incident to her mother-in-law and her husband but rather than chastising her father-in-law, the complainant was blamed for being a characterless woman. Her father-in-law tried to make passes at her and would often touch her inappropriately on which, the complainant reported the mishappenings to her father. When the issue was raised, her father-in-law Madan Lal apologized before the father of the complainant and assured that he would refrain from such misdeeds in future. She gave birth to two daughters on which, the barbaric actions of the accused persons increased and insinuations were hurled at her that the girls were an additional burden. Her mother-in-law often used to incite her husband to divorce her or to kill her so that he could be re-married. With great difficulties, she managed her children's admission to a school. Her husband made no contribution towards education of the daughters on which, she was compelled to mortgage few of her ornaments with Muthoot Finance and paid the school fees of the girls. On being perturbed by regular maltreatment and physical torture, she was compelled to leave the matrimonial home and live at her father's home at Jodhpur for a significant period of time. She lodged a complaint at the Women Protection Cell of Jodhpur Commissionerate where conciliation was attempted but her husband Pawan did not cooperate in the proceedings and threatened to divorce her. On the basis of the complaint aforestated, the impugned FIR came to be registered at the Mahila Police Station, Jodhpur West on 10.02.2018 and investigation was commenced. The petitioners herein have approached this Court by way of this misc. petition under Section 482 Cr.P.C. seeking quashing of the impugned FIR alleging that the registration and investigation in connection with the said FIR amounts to gross abuse of process of law and thus, it should be quashed.

(3.) Shri N.L.Joshi, learned counsel representing the petitioners has placed on record certain documents. Amongst these documents, one is a complaint dated 12.04.2017 lodged by the petitioner Pawan Kumar at the Police Station Brahampuri, Jaipur wherein allegations were levelled that he had taken up a rented premises nearby the house of his parents where he, his wife and daughters were living. On 15.02.2017, he went to the house and saw that it was locked. His wife had gone to her father's house at Jodhpur with the daughters and took away all valuable articles, etc. which were missing from the house. Another document which has been annexed is pertaining to the conciliation attempted between the complainant and the Pawan Kumar at the Mahila Suraksha and Salah Kendra Jodhpur West on 02.03.2017. In this proceeding which is signed by Padma as well as the petitioner Pawan, he categorically admitted that he was repenting for the mistakes made by him and profoundly apologized with an intention to take back his wife and daughters. The complainant stated that she would go back with her husband provided that he did not maltreat her.