YASH SHARMA Vs. MOHAN DEV SHARMA

JUDGEMENT

(1.) - The petitioners have prayed for quashing of the FIR No.340/12, registered at Police Station Gandhi Nagar, Jaipur for offences under Sections 420, 406, 120B Penal Code and under Sections 3 & 4 of the Dowry Prohibition Act, 1961.

(2.) The brief facts of the case are that on 10.9.2012, the complainant-respondent No.1, Mohan Dev Sharma, filed a criminal complaint against the accused-petitioners for offences under Sections 420, 406 & 120B Penal Code and Sections 3 & 4 of the Dowry Prohibition Act before the Additional Chief Judicial Magistrate No.2, Jaipur Metropolitan, Jaipur. He claimed that after formal meetings between the complainant and the accused petitioners, the marriage of his daughter, Ms. Shilpa and Mr. Yash Sharma, the accused petitioner No.1, was settled in June, 2011. The marriage was to be solemnized on 27.1.2012 at Indore. For the purpose of expenses regarding arrangements for marriage, the complainant had given four cheques amounting to Rs.4,20,000.00 to the accused petitioners. He further gave a sum of Rs.2,80,000.00 to the accused-petitioners. It was further averred that on 21.10.2011 and 25.10.2011 cash amount of Rs..5 Lacs each (totalling Rs..10 Lacs) was given to one Mr. Arvind and Mr. Bharat, who were the employees of Mr. Punit Mittal, one of the accused persons. Mr. Punit Mittal is known to accused petitioner No.2. Besides the cash amount, other s, worth Lacs of rupees, were also given to the accused petitioners and a huge amount was incurred on other arrangements for the marriage. But, the accused petitioners kept on demanding more money and a car and other articles in the marriage. When the complainant showed his inability to fulfill the heavy demands of dowry of the accused-petitioners, they broke the engagement. It was further averred that out of the total cash amount and articles given to the accused-petitioners, still Rs.9,80,000.00 have been kept by the petitioners. They have not return the said amount to the complainant despite his request. Hence, the offences under Sections 420, 406, 120B Penal Code were alleged against the petitioners.

(3.) The learned Magistrate sent the complaint for further investigation to the Police under Sec. 156(3) Crimial P.C. Thereafter, on 12.9.2012, a formal FIR, namely FIR No.340/12, was registered at Police Station Gandhi Nagar, Jaipur for the aforesaid offences against the accused persons. Hence, this petition for quashing of the said FIR.