ANKIT GARG Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) Through these petitioners under Section 482 Cr.P.C., 1973 the petitioners seek quashing of the FIR No.61/2015 registered at the (2 of 6) Police Station Hanumangarh Junction for the offences under Sections 420, 467, 468, 471, 474 and 120B IPC.

(2.) The above FIR is one in the long list of cases registered in pursuance of a matrimonial rift which arose between the petitioner Ankit Garg and his wife Ms. Khushbu (daughter of the respondent No.2 complainant). The respondent No.2 Radheyshyam's (complainant) daughter Ms. Khushbu was married to Ankit Garg on 20.06.2010. The matrimonial relationship between spouses fell out and numerous cases came to be instituted inter-se between them. The petitioner Ankit Garg filed an application under section 13 of the Hindu Marriage Act in the Family Court, Hanumangarh for dissolution of marriage whilst Smt. Khushbu filed an application under section 9 of the Hindu Marriage Act. Both the matters were decided simultaneously. During the inquiry of both these matters, the petitioner Ankit Garg submitted a rent deed claiming that as Smt. Khushbu was not desirous of living in the joint family, Ankit Garg was compelled to take a separate house on rent so that the matrimonial relations could be continued. The house was allegedly taken on rent on 01.07.2011 whereas, the stamp on which the written rent deed was executed, was issued on 04.03.2012.

(3.) Ramavtar Kediya (petitioner No.1 in Criminal Misc. Petition No.2951/2015) is the landlord, Shyam Sunder is a witness in the rent deed whereas Lalit Garg happens to be the father of Ankit Garg. The FIR in question came to be lodged by respondent No.2 Radhey Shyam with an allegation that the above mentioned rent deed was forged and fabricated and was created for defeating the lawful claim made by Smt. Khushbu in the application under section 9 of the Hindu Marriage Act and in order to create fictitious evidence in support of the divorce application filed by Shri Ankit Garg. The Family Court, considered the entirety of facts and evidence led before it and decreed the application filed by Smt. Khushbu under section 9 of the Hindu Marriage Act. While deciding the matter, the learned Family Court held that Ankit Garg failed to prove that he had taken one room set house of Ramavtar Kediya on rent. Manifestly thus, Ankit Garg did not get any wrongful gain by the rent deed referred to supra in relation whereto, the present FIR has been lodged. The rent agreement, which was exhibited in the Family Court's proceedings, simply reads that the premises were rented out effective from 01.07.2011. The complainant alleged that the rent deed was prepared ante-date on a stamp purchased on 04.03.2012. However, the I.O. has, during the course of investigation, collected the stamp vendor's register and other material concluding that the stamp was as a matter of fact, purchased by Ankit Garg on 04.03.2011 for procuring a bank loan, however, later on, he used the same to execute the rent deed. The relevant findings of the I.O's in the factual report are reproduced herein below for the sake of ready reference:-