BALKISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this criminal miscellaneous petition, petitioners want to quash FIR bearing No.289/2018 registered at Police Station Mahila Thana, District Tonk for the offence punishable under Sec. 498-A and 406 IPC.

(2.) Brief facts of FIR are as under:- Respondent No.2 had lodged the present FIR at Police Station Mahila Thana, District Tonk in which she stated that marriage was solemnized on 12/6/2015 with petitioner No.1-Balkishan. At the time of marriage, huge dowry was given by her parents but after 2 and 3 months of marriage, petitioner No.1-Balkishan, her father-in-law Harimohan, mother-in-law Geeta Devi and brother-in-law Prakash Das used to torture her for dowry. They locked her in the room and they had not cared at the time of her pregnancy and one day, they thrown out of house and had not returned the dowry articles. She had complained at Police Station-Mahila Thana and in the said report, petitioners were called. At that time, they showed an ex-parte decree of divorce. So, her report was not lodged. She had filed a petition for cancellation of ex-parte decree.

(3.) Learned counsel for the petitioners further submits that the present FIR was lodged after an inordinate delay and the facts narrated in the FIR are mala-fide. Learned counsel for the petitioners also submits that the respondent No.2 had left matrimonial home of her own will. Petitioner No.1 filed a divorce petition against the respondent No.2. After due service, respondent No.2 had not come to the court for contesting the case. So, ex-parte decree was awarded in favour of the petitioner No.1 on 14/12/2017 and the present FIR was lodged after passing of decree of divorce. So, the present FIR is liable to be quashed. Learned counsel for the petitioners also submits that after filing of the divorce petition, complainant-respondent No.2 had not leave the petitioner No.1. The present FIR was lodged to harass and humiliate the petitioners. So, the present FIR be quashed.