KISHAN LAL AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition u/s. 482, Crimial P.C. has been filed by the petitioner for quashing of FIR No. 126/2004, Police Station Mahila Thana, Pali.

(2.) On 08.04.2005, notice was issued to Public Prosecutor and further proceedings in FIR No. 126/2004 Police Station Mahila Thana, Pali was stayed by this Court, Mr. Ashok Upadhyay, learned Public Prosecutor has given appearance on behalf of the State. However, complainant was not made party in this case but Mr. Rakesh Arora, learned Counsel has given appearance on behalf of the complainant.

(3.) Brief facts of the case are that Smt. Neha lodged a report to the SHO, Police Station, Mahila Thana on 12.12.2004 alleging therein that she was married to Nitin Nahar of Hospet, District Balari (Karnataka) on 01.05.2004 at Jodhpur and certain dowry articles referred to in the complaint were given in marriage. It was further alleged that she stayed with her husband till 14.5.2004. Thereafter, the complainant alleged that her husband went back to Hospet and she stayed at Jodhpur with her father-in-law, mother-in-law, Jeth and Jethani. Their behaviour was absolutely normal. The complainant alleged that on 28.5.2004 she went alongwith her father-in-law and mother-in-law to Hospet and there she saw change in their behaviour. She was harassed on account of bringing less dowry and she was also beaten. She was locked inside a room. She was given 'achar' and roti. On her resistance, her husband used to slap her. She further alleged that her mother-in-law twisted her hand and father-in-law slapped her. Her husband did not consummate the marriage with her. It was further alleged that her mother-in-law Gulab, father-in-law Krishanlal, Husband-Nitin, Jeth-Manish Nahar, Devar Ratan and Nanad-Rajiya all demanded dowry and treated her with cruelty. She further alleged that her father-in-law tried to kiss her hand. She has also alleged in the FIR that they have also tried to kill her by opening the value of gas-cylinder. She informed her father and thereafter her father alongwith relatives and one Gautam Chand Singhvi came Hospet on 11.7.2004 from Pali. They were not allowed to enter into the house and they stayed in a hotel. As there was no known person in Hospet, therefore, they could not proceed to file any FIR in Hospet. Then she alleged that on 16.7.2004, she came to Pali alongwith her father and thereafter, her father talked with her in-laws on phone and then they said that send Neha to Hospet and they have also given assurance that they will keep her happy and no further torture will be given and on this plea, she was again sent to Hospet on 26.9.2004. She has also alleged that her-in-laws did not allow her as well as her brother and Gautam to enter into the house and started assaulting them and given abuses on the road. Then in Hospet, they assembled some reputed persons of society and they asked that their father and mother may be called and since her father was sick, her mother alongwith her brother reached to Hospet. They stayed there for six days but they were not agreeable to them and asked her mother that they did not want to keep her daughter. Then they came to Pali and at the time of departure dowry articles were also demanded, which they have refused to give and after coming to Pali on the basis of the aforesaid allegations, an FIR being No. 126/2004 was registered at Police Station Mahila Thana, Pali for the offence u/ss. 498-A 406 & 323 Penal Code on 12.12.2004.