SURBHI NANDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Cr.P.C. is filed by the petitioners with a prayer for quashing of FIR No.232/2021 of Police Station Kotwali Bhilwara, District Bhilwara for the offences punishable under Ss. 420, 384 and 120-B IPC.

(2.) The aforesaid FIR was lodged by the complainant-respondent No.2 alleging therein that the petitioner No.1 got married to his son on 7/2/2019 and thereafter on 19/8/2019, petitioner No.1 left for America, where his son was residing, however after nine days, she asked the complainant to purchase her air ticket for India, which the complainant purchased and borne the expenses incurred on it. It is alleged by the complainant-respondent No.2 that his son told him that just after his marriage with petitioner No.1, her behaviour towards him was not cordial and she used to quarrel with him, though she lived with him only for nine days at America and she wanted to return back to India on her own. It is further alleged in the complaint that on 9/3/2020, the petitioner No.1 called complainant's wife and threatened her with dire consequences as also abused her. It is also alleged that the petitioner No.2, who happened to be the mother of petitioner No.1 had also telephoned to the complainant and his wife, she also abused and threatened them with dire consequences. It is also alleged that the respondent No.2 has apprehension that the petitioners may implicate him, his wife and son in a false case and may also cause damage to them.

(3.) Learned counsel for the petitioners has submitted that from a bare reading of the impugned FIR, it is clear that no offences under Ss. 420 and 384 IPC are at all made out. Learned counsel has also submitted that as a matter of fact, the petitioner No.1 has filed a complaint against the respondent No.2, his wife and his son in Bhopal (M.P.) for the offences under Ss. 498-A, 312, 294 and 417 IPC, wherein the concerned court at Bhopal has already taken cognizance against the respondent No.2, his wife and son. It is further submitted that even if the contents of impugned FIR are taken at its face value then, also prima facie it does not constitute any offence, particularly under Ss. 420 and 384 IPC. Learned counsel for the petitioners has, therefore, prayed that this criminal misc. petition may kindly be allowed and the impugned FIR may kindly be quashed.