BEERPAL SINGH S/O LATE SHRI BABU SINGH, AGED ABOUT 75 YEARS, B/C RAJPUT, R/O VILLAGE RAMANI, TEHSIL SECUNDERABAD, DISTRICT BULUNDSHAHAR (U.P.) Vs. THE STATE OF RAJASTHAN, THROUGH PUBLIC PROSECUTOR

JUDGEMENT

(1.) This criminal miscellaneous petition has been preferred u/s 482 Crimial P.C. to quash and set aside an order dated 21.4.2016 passed by learned Special Additional Chief Judicial Magistrate (P.C.P.N.D.T. Act Cases), Ajmer in Regular Cr. Case No.61/2015 arising out of FIR No.56/2014, Police Station Mahila Thana, Ajmer, whereby on the progress report submitted by SHO in compliance of order dated 27.10.2015 passed by learned Magistrate, cognizance for offence u/s 498-A, 406 Penal Code and 419 Penal Code against petitioners - Beerpal Singh, Smt. Kasturi Devi @ Saroj and Yogendra and cognizance for offence u/s 419 PC, in addition to 498A and 406 IPC, against co-accused Rahul was taken and petitioners were directed to be called for by summons. It has also been prayed in the petition that the entire criminal proceedings arising out of FIR No.56/2014, P.S. Mahila Thana, Ajmer pending against the petitioners be quashed and set aside.

(2.) Facts of the case, in brief, are that private respondent No.2 Smt. Pooja submitted a complaint on 5.2.2014 for offence u/s 498A, 406, 120B Penal Code read with sections 3 and 4 of the Dowry Prohibition Act, before learned Special Additional Chief Judicial Magistrate, (PCPNDT Act Cases) Ajmer against her husband - Rahul Bhati, father-in-law - Beerpal Singh Bhati, mother-in-law - Smt. Kasturi Devi, brothers-in-law - Yogendra Singh Bhati, Krishna Bhati and Dharmendra Bhati along with his wife Smt. Sonia Bhati, in all 7 persons. The complaint was forwarded u/s 156(3) Crimial P.C. for investigation to SHO, Mahila Thana, Ajmer, whereupon FIR No. 56/2014 was registered.

(3.) During investigation, husband Rahul Bhati was granted anticipatory bail by learned District & Sessions Judge, Ajmer. Private respondent No.2 moved an application u/s 439 (2) Crimial P.C. for cancellation of anticipatory bail before this court. A co-ordinate Bench of this court vide order dated 27.7.2015 cancelled the anticipatory bail granted to Rahul Bhati. Meanwhile, after completion of investigation, police submitted charge sheet against Rahul Bhati only for offence u/s 498A and 406 IPC. Rahul Bhati was granted regular bail by learned trial court.