RAJESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners are challenging the continuation of the criminal proceedings which is pending before the Judicial Magistrate No, 2, Ajmer for offences under sections 498-A, 406, IPC and for Section 4 of the Dowry Prohibition Act.

(2.) The brief facts of the case are that the present case emanates from a complaint filed by the Respondent No. 2. Smt. Savitri Devi against her husband, Petitioner No. 1, Rajesh Kumar and against her mother-in- law, the Petitioner No. 2, Smt, Tulsi alias Tulsa Devi and others. In the complaint, she has alleged that Rajesh Kumar and she were married at Delhi on 14-2-1992. Out of the wedlock, a boy was born on 28-1-1993. However, after his birth differences started to crop up between the husband and wife at Delhi. According to her, her husband would tell her that in case her parents were to give him one lakh of rupees, he would accept her as his wife. She further alleged, that he developed illicit relationship with one Ms. Pushpa Khokhal at Delhi. Due to the strained relationship, he forced her out of the matrimonial house at Delhi. She came back to Ajmer to live with her parents. She further claimed that her husband had sent invitations to some of the relatives at Ajmer, whereby she came to know that he has married Ms. Pushpa Khokhal and has begotten a daughter from her. She made certain inquires at Delhi and came to know that the husband and his family members had forged the record about the birth of the said daughter. She further stated that while she was living at Delhi with the husband, she was tortured for dowry by the mother-in-law as well. She thus claimed that the nine persons named in the complaint committed the offences under Sections 498-A, 406, 467, 420, 494, 120-B, IPC.

(3.) The learned Magistrate was pleased to send the said complaint for further investigation under Section 156(3) of the Criminal Procedure Code (henceforth to be referred to as the 'Code', for short). On the receipt of the said complaint, the police has chalked out a formal FIR, FIR No. 147/2004, for aforementioned offences. It seems that the petitioner had challenged the said FIR by filing a criminal Misc. Petition before this Court. During the pendency of the said petition, the police filed the charge-sheet. Therefore, vide order dated 16-2-2005 the petition was dismissed as infructuous by this Court. However, the Court granted a liberty to the petitioner to file a fresh petition, if so advised. Meanwhile, after a thorough investigation, the police was pleased to file a charge-sheet only against the present Petitioners and that too only for offences under Sections 498-A, and 406, IPC, Thus, the police did not file any charge sheet for the other offences mentioned in the complaint. The respondent No. 2 has challenged the negative Final Report with regard to the other offenders who have not been charge- sheeted and with regard to the non-filing of the charge-sheet for offences mentioned above. But the pendency of the said litigation does not concern us presently. The petitioners, on the other hand, have challenged the continuation of the criminal proceedings pending before the Judicial Magistrate No. 2, Ajmer. Hence, this petition before us.