PRAKASH AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has invoked the inherent powers of this Court under Sec. 482 of the Code of Criminal Procedure for quashment of criminal proceedings pending in the Court of Additional Chief Judicial Magistrate No. 1, Balotra, District Barmer being Criminal Regular Case No. 277/2022 and the charge sheet in connection with FIR No. 585/2021 of PS Balotra, District Barmer for the offences punishable under Ss. 498-A and 323 of the Indian Penal Code wherein, after filing of the charge sheet, the cognizance of the said offences has been taken against the petitioner.

(2.) As per facts of the case, a report was lodged before Balotra Police by the complainant-respondent No. 2 Anuradha to the effect that family of complainant and petitioner belong to the same caste and there was an old acquaintance between them, therefore, the father of the petitioner Mr. Bhagirath Agarwal made a proposal to the parents of the complainant for marriage of his son Prakash Agarwal with the complainant Anuradha. In the FIR, complainant admitted that she was earlier married but had socially divorced and severed her relationship with husband and began to live with her parents. With the consent of Prakash Agarwal, complainant Anuradha and their family members, marriage of Anuradha and Prakash Agarwal was solemnized on 9/12/2020 according to the Hindu rites and rituals in the presence of the Priest as well as family members of both the parties. Petitioner accepted the complainant as his wedded wife.

(3.) It was also alleged that the parents of respondent No. 2 at the time of marriage had given some jewellery and Rs.1.5 lakhs cash along with other items to the petitioner. After few days of the marriage, the petitioner in league with his parents, started demanding Rs.1.00 lakh in cash and 5 tolas of gold as dowry and in this connection they started torturing her in various ways and due to such treatment meted out to her, she suffered both mentally and physically and finally she returned to her parents on 6/3/2021. She was also cautioned by her in-laws that she would not be accepted lest she brings the dowry in cash and kind.