NATHU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The prayer in the present petition is for quashing of the FIR No.45/2013 registered at P.S. Mahila Thana, Nagaur for the offence under Sections 498 -A, 406 of the IPC.

(2.) The petitioners herein are the father -in -aw and the mother - in -law of the complainant.

(3.) While praying for quashing of the FIR, the learned counsel for the petitioners submitted that the criminal proceedings instituted by the complainant is sheer misuse and abuse of process of law with the sole malafide intention to cause mental torture, pain, agony and suffering; and it has deprived them of their right to lead a dignified life. Secondly, the petitioners had never raised demand of dowry, articles, clothes, jewellery either before the marriage or at the time of marriage or after the marriage. They had never interfered in the matrimonial life of complainant/ respondent No.3. Thirdly, the averments made in the FIR, statements of the witnesses and the other material placed on record even if taken at their face value do not satisfy the conditions and ingredients of Sections 406, 498 -A of the IPC and Sections 3 & 4 of the Dowry Prohibition Act. The allegations were vague in the nature. The dispute is between the husband & wife and the parents have been dragged unnecessarily. Further, the entire family has been enroped including the sister -in -law but after investigation, challan was filed only against the husband and the parents and therefore, the allegations against the petitioners who are father -in -law and mother -in -law cannot be believed. It is further stated that the allegations are false on the face of it as it was stated by the complainant that documents were lying with the inlaws, whereas, she had sought admission and no admission can be granted without the original documents. Thus, the same were with the complainant. The mother -in -law was arrested and no recovery could be effected which shows that the allegations are false.