2013 Supreme(Raj) 831
RAJASTHAN HIGH COURT
Sandeep Mehta, J.
Mahaveer Mehta & Ors. - Appellants
Versus
State of Rajasthan & Anr. - Respondents
S.B. Criminal Misc. Petition No. 690 of 2012.
Decided On : 15-02-2013
Important Points
The court held that the alleged act of pressuring the complainant's father to force her to agree to a divorce did not constitute cruelty under Section 498A IPC.
Subject
Criminal Law - QUASHING OF FIR
Act Referred
CRIMINAL PROCEDURE CODE : S.177, S.482
INDIAN PENAL CODE : S.498(a)
Headnote
CRIMINAL LAW - QUASHING OF FIR - SECTION 498A IPC - CRUELTY - JURISDICTION - MAHILAL POLICE STATION, JODHPUR - NO OFFENCE COMMITTED WITHIN TERRITORIAL JURISDICTION - F.I.R. QUASHED.
Fact of the Case:
Petitioners sought quashing of FIR No. 20/2012 registered at Mahila Thana, Jodhpur, for offenses under Sections 498A, 406, and 323 IPC. The complainant alleged dowry harassment, physical abuse, and attempts to force her into homosexual relations. The petitioners argued that the FIR was an abuse of process and that the Mahila Police Station lacked jurisdiction as none of the alleged offenses occurred within its territorial jurisdiction.
Finding of the Court:
The court found that, except for a single incident in November 2011, none of the alleged acts constituting offenses under Section 498A IPC occurred within the territorial jurisdiction of the Mahila Police Station, Jodhpur. The court also held that the alleged act of pressuring the complainant's father to force her to agree to a divorce did not constitute cruelty under Section 498A IPC.
Issues: 1. Whether the FIR was an abuse of process? 2. Whether the Mahila Police Station, Jodhpur, had jurisdiction to investigate the case?
Ratio Decidendi: 1. The court held that the FIR was not an abuse of process as the complainant had made specific allegations of cruelty and harassment. 2. The court held that the Mahila Police Station, Jodhpur, lacked jurisdiction to investigate the case as none of the alleged offenses occurred within its territorial jurisdiction.
Final Decision: The court allowed the petition and quashed FIR No. 20/2012 registered at the Mahila Police Station, Jodhpur. The complaint was directed to be returned to the complainant for filing before the appropriate forum.
Advocates:
For the Petitioners:Ms. Vandana Bhansali, Advocate.
For the Respondents: Ms. Chandralekha, Public Prosecutor.
For the Respondents No. 2:Mr. S.P. Sharma, Advocate.
For the Respondents: Mr. Heera Lal, I.O. present.
JUDGMENT
1. - The instant misc. petition has been filed by the petitioners seeking quashing of the F.I.R. No. 20/2012 registered at the Police Station Mahila Thana, Jodhpur for the offences under Sections 498A, 406 and 323 I.P.C.
2. Succinctly stated the facts of the case are that the respondent No. 2 complainant filed a complaint in the Court of learned Judicial Magistrate No. 2, Jodhpur on 20.2.2011 against as many as 11 persons including the petitioners. The complaint was filed for the offences under Sections 498A, 406 and 323 I.P.C. The allegation levelled in the complaint was that the complainant's marriage was solemnised with the petitioner No. 1 Mahaveer Mehta at Kadur, District Chikkamagaluru (Karnataka) on 30.7.2007. The complainant has alleged that after her marriage, she lived with all the accused in the joint family. She further alleged that all her sister-in-laws (Nanads) were married but most of them used to live at the father's house. She alleged that soon after her marriage, the accused started taunting her on count of demand of dowry. She further alleged that she was assaulted on numerous occasions due to which she received injuries. Her husband, father-in-law and mother-in-law took away all her valuables, ornaments and money which was given to her as gift at the time of the marriage. She further alleged that a few days after the marriage, she came to know that her husband was not interested in relations with females but was inclined towards having homosexual relations wit males. When she tried to divert her husband from the said tendency, she was beaten. On 23.7.2007 when she was going in the market with her husband, at that time a friend of her husband named Shibu met them and kissed her husband on the lips. On this, the Police personnel standing nearby took her husband to the Police Station from where he was released on apologizing. When the complainant reached her home and tried to divert her husband from his perverted behaviour, he insisted upon continuing his homosexual activities and asked the complainant to divorce him. She further alleged that in December 2009 when she came to her fathers house, her husband Mahaveer came there and assaulted her for the demand of half kilogram of gold. On 13.5.2010 the accused conspired together and pressurised the complainant to sign a blank stamp paper. When the complainant refused, she was assaulted and was not given anything to eat for two days. She gave a call to her father but still the accused presisted that till the papers were not signed by the complainant and her father, the complainant would not be permitted to leave. All the accused assaulted the complainant in presence of her father, where after, her father went to the Police Station and ultimately she was permitted to return back to Jodhpur. She further mentioned in the complaint that she was taunted as being sterile. Her husband tried to force her to have relations with his male friends and upon objection being made, she was beaten. She also mentioned in the complaint that her husband tried to record her video clips in indecent situations. She has also alleged that on 9.11.2009 the accused came to Jodhpur and told her father that the complainant should divorce Mahaveer and that she would not be taken back to the marital home. On 10.12.2011 and 15.12.2011 the accused allegedly repeated the demand of divorce and also offered money for accepting the proposal of divorce but the complainant's father did not accede to the said proposal. It is the specific case of the complainant that her father-in-law told her father that Mahaveer was not interested in keeping the complainant with him and that they should accept some white money and some unaccounted sum of money and agree to the divorce. In Para No. 14 of the complaint it has been mentioned that certain talks between the complainant's father and the father-in-law Were recorded wherein in it has been mentioned that the accused are not desirous of keeping the com