K K SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- Heard the learned Counsel for the petitioners, the learned Public Prosecutor and the learned Counsel for the non-petitioner No. 2. Petitioner No. 4 (Arvind Sharma) is reported to have expired during the pendency of this petition. So far as proceedings relating to Arvind Sharma are concerned they stand abated on account of his death.

(2.) By this petition under Section 402, Cr. P.C. it is prayed that the order dated 8-8-1990 passed by the learned Additional Chief Judicial Magistrate should be quashed. By the above mentioned order the learned Additional Chief Judicial Magistrate took cognizance of the offence under Section 498-A, I.P.C. and under Section 4 of the Dowry Prohibition Act on the basis of the final report submitted by the police after conducting investigation relating to First Information Report No. 160/88 which was registered at Police Station, Shastri Nagar, Jodhpur in compliance with the directions issued by the learned Judicial Magistrate under Section 156(3), Cr. P.C. on a complaint filed by Smt. Santosh non-petitioner No. 2.

(3.) Non-petitioner No. 2 Smt. Santosh is the wife of petitioner No. 3 Anil Bhamal. Their marriage was solemnised at Jodhpur on 14-12-1986 according to Hindu rites. A son was born on 23-8-1988. The non-petitioner No. 2 lived with petitioner No. 3 as a wife up to April, 1988. Petitioner No. 1 is the father of the petitioner No. 3 and he is father-in-law of non-petitioner No. 2. Petitioner No. 2 is the mother of petitioner No. 3 and, therefore the mother-in-law of non-petitioner No. 2. Petitioner No. 1 was previously posted at Jodhpur. He was at that time working as Squadron Leader in the Indian Air Force. The petitioner No. 1 retired sometime after the marriage of non-petitioner No. 2 with petitioner No. 3.