KALAWATI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since these three petitions are arising out of one common FIR, therefore, same are decided by this common order.

(2.) This petition under Sec. 482 CrPC has been filed by the accused-petitioner-mother-in-law of deceased seeking to quash FIR No.235/2022 registered at Police Station Mahila Thana, District Alwar for offences under Ss. 498A and 304B IPC, which came to be registered on the complaint made by father of deceased, in respect of "dowry death" of his daughter at the house of her in-laws. It is noteworthy to record that after investigation made in the impugned FIR, charge-sheet for offences u/s. 498A, 304B and 306 IPC has been filed against husband and mother-in-law of deceased; husband has been arrested and is in judicial custody. However, the mother-in-law (petitioner herein) is absconding, hence the charge-sheet against her has been filed under Sec. 299 CrPC and arrest warrant against the petitioner under Sec. 37 of the Police Act has also been issued.

(3.) Fact of the case are that an FIR came to be lodged on 24/6/2022 by the complainant alleging therein that his daughter Mamta was married to Rajesh Saini on 31/10/2017 at Alwar. It was stated that in the marriage Renault Kwid car, Cash Rs.2.5 lac, Golden ornaments 4 tola, and Silver ornaments and other domestic articles including furniture were given in dowry. Still in-laws of his daughter Rajesh Saini-husband, Shri. Ram Saini-Father-in-law, Suresh Devi @ Kalawati-Mother-in-law, Maina-Nanad, Mothu, Rekha and Sarita were not happy with the dowry and they all used to torture his daughter Mamta for the demand of more dowry. It was stated that 20 days back, the daughter came to parental house and after some time when she was to go in-laws house, she denied to go her in-laws house and told that she was usually beaten by her in-laws. Anyhow, daughter was sent to her in-laws house, thereupon on 21/6/2022, she complained through telephone about the torture for the demand of dowry and requested to take her. Later on the complainant got information that his daughter has died because of hanging herself, therefore, the complainant lodged the FIR.