NANAK CHAND SEJWANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has prayed for quashing of the FIR No.108/2012, registered at Police Station Mahila Thana, Jaipur City (East) for offences under Sections 498A, 406, 420, 467, 468, 471, 120B IPC.

(2.) Briefly stated the facts of the case are that on 22.5.1998, the petitioner's son, Anil Kumar, was married to respondent No.2, Smt. Manju Sejwani, in accordance with the Hindu rites and customs. Prior to her marriage, Smt. Manju was a permanent resident of Spain where she lived with her brothers and parents. While in Spain, she worked and earned for herself. After her marriage while she stayed at Jaipur, she was uncomfortable and insisted that she be permitted to go back to Spain. She stayed with her in-laws in Jaipur for five to six months. In November, 1998, she went back to Spain. In February, 1999, she bore a son. In August, 1999, the petitioner's son, Anil Kumar, also migrated to Spain. From August, 1999 till October, 2009 i.e. almost for a decade, Anil and Manju stayed together in Spain. However, after 2002, Manju's marriage became rocky to the extent that Manju and her husband had a temporary split in 2002. Without informing her, Anil left Spain alongwith their son and returned to India. In order to recover the custody of the child, Manju rushed to India, filed a habe as corpus petition before this court; this court granted her the custody of the child. Therefore, in May, 2002, she returned back to Spain along with her child. Due to interference of the relatives, a settlement was arrived at between Manju and her husband, Anil; they tried to patch-up their marriage. From 2002 to 2005, Anil's family migrated to Spain. With the migration of the petitioner and his other family members, things again worsened in Manju's marriage. On four different occasions, Anil lodged divorce petitions before the competent court at Spain. Unfortunately, the couple got more and more embroiled in litigation in Spain.

(3.) Since things were getting from bad to worse for Manju, she came back to India in August, 2012. She resided with her father-in-law, the petitioner who was in India at that time. However, according to Manju, the petitioner continued with his unreasonable demands of seeking money from Manju's family. Therefore, she filed a criminal complaint before the Metropolitan Magistrate No.15, Jaipur Metropolitan. The criminal complaint was not only filed against the petitioner, but also against his other family members including her husband, Anil Kumar. In the complaint, she narrated the facts as to how immediately after her marriage, she had been subjected to mental and physical cruelty by Anil and his family members, how they had taken away her jewelry, her clothes and had refused to return her Stridhan which was entrusted to them in Jaipur, how she was tortured by them while she was in Spain, how her husband, Anil, had committed forgery and had deprived her of her shops in Spain, how the accused persons had sold those shops in Spain and had bought property in Jaipur with the sale proceeds, how they had demanded large amount of money from her and her parents, both in Spain and in Jaipur, in August and September, 2012. The complaint was sent for further investigation under Section 156(3) Cr.P.C. On the basis of the said complaint, the police registered a formal FIR, namely FIR No.108/12 at Police Station Mahila Thana, Jaipur City (East) for the aforementioned offences. Hence, this petition before this court for quashing the same.