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2017 Supreme(Raj) 1640

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR
Mahesh Chandra Sharma, J.
Devi Dutt – Petitioner
Versus
State of Rajasthan & Anr. – Respondent
S.B. Criminal Misc. Petition No. 5606 of 2016
Decided On : 20-02-2017

Advocates Appeared:
For the Petitioner: Ajay Kumar Jain
For the Respondent: N.S. Shekhawat, P.P.
For the Complainant : Sudhir Jain & Pankaj Gupta

Headnote:

Indian Penal Code, 1860 - Sections 195, 196, 465, 477-A, 471, 120-B, 498A, 304B – Criminal Procedure Code, 1973 -Section 482, 107, 151, 156(3) 154(1) – Fabricating false evidence – False evidence – Forgery – Demand of dowry – Causing death by negligence – Inherent power of high court – Criminal conspiracy - That, petitioners daughter Bhumika was married to son of respondent no. 2. After marriage, the family of respondent no. 2 especially his son and his wife Vijaya Devi made demand of dowry and tortured her., the petitioner received a telephone from Madan Gopal, who informed that Bhumika had committed suicide. The petitioner lodged FIR with Police Station, Vaishali Nagar, Jaipur for the offence under Sections 498A, 304B IPC. During investigation, the police found dying declaration of deceased Bhumika written In post-motem conducted by the Board of Doctors, 19 injuries were found on the body of deceased Bhumika, which were all anti-mortem in nature, out of which 11 injuries were about 5-7 days prior to death. Subsequently, Sunil, husband of deceased Bhumuka was arrested. Held, Magistrate concerned should always keep in mind while a complaint has been filed before him that invoking the jurisdiction by him is alternate remedy. They should avoid invoking this alternate remedy to curb the practice of filing false complaints for the reason that issuing a direction to lodge an FIR on the basis of false complaints creates a very unhealthy situation in the society. It also encourages the unscrupulous and unprincipled litigants, to bring the victim on their knees for the purpose of taking revenge or wreck vengeance -No order passed for quashing the F.I.R.

JUDGMENT :

MAHESH CHANDRA SHARMA, J.

This Cr. Misc. Petition has been filed under Section 482 CrPC for quashing of FIR No. 651/2016 registered at Police Station Vaishali Nagar, Jaipur Metropolitan (West) for the offence under Sections 195, 196, 465, 477-A, 471, 120-B IPC.

2. Brief facts of the case are that on 29.11.2008, petitioner's daughter Bhumika was married to son of respondent no. 2. After marriage, the family of respondent no. 2 especially his son and his wife Vijaya Devi made demand of dowry and tortured her. On 21.7.2015, the petitioner received a telephone from Madan Gopal, who informed that Bhumika had committed suicide. The petitioner lodged FIR No. 697/2015 with Police Station, Vaishali Nagar, Jaipur for the offence under Sections 498A, 304B IPC. During investigation, the police found dying declaration of deceased Bhumika written on 21.7.2015 at 11.39 AM. In post-motem conducted on 22.7.2015 by the Board of Doctors, 19 injuries were found on the body of deceased Bhumika, which were all anti-mortem in nature, out of which 11 injuries were about 5-7 days prior to death. Subsequently, Sunil, husband of deceased Bhumuka was arrested. Brother of respondent no. 2 namely Madan Gopal threatened petitioner in trial court, whereupon the complainant made complaint to the local police, which initiated proceedings under Section 107, 151 of CrPC. The wife of respondent no. 2 filed S.B. Cr. Misc. Petition No. 4360/2015 before this Court, which was disposed of vide order dated 3.9.2015 with the observations that in the investigation, all the material should be examined and help of IT experts may be taken. The I-phone was sent for forensic examination and in forensic examination, it was found that the suicide note was created on 21.7.2015 at about 11.39 AM.

3. The wife of respondent no. 2 namely Vijaya Devi was arrested. She filed bail application before this Court, but the same was withdrawn with liberty to file the same after filing of the charge sheet. The charge sheet was filed against the accused persons. Thereafter the Vijaya Devi again filed the bail application, but the same was dismissed vide order dated 20.5.2016. He has further contended that the genuineness of the investigation in FIR No. 697/2015 has been examined by the concerned Magistrate and he has taken cognizance against son and wife of respondent no. 2. Thereafter the matter was taken to the Sessions Court, but of no avail.

4. Thereafter with malafide intention and just to put pressure upon the petitioner, the respondent no. 2 submitted a complaint to the Magistrate concerned, which was sent for investigation under Section 156(3) to the concerned police whereupon FIR No. 651/2016 was lodged at police Station, Vaishali Nagar, Jaipur (West). Hence, this Cr. Misc. Petition has been filed for quashing FIR no. 651/2016 registered at Police Station, Vaishali Nagar, Jaipur Metropolitan (West).

5. Learned counsel for the petitioner has contended that FIR No. 651/2016 is not only actuated with malafide, but is also abuse of the process and has been filed with object to get FIR No. 697/2015 re-investigated after filing of the charge sheet and after taking judicial note by concerned Judicial Magistrate and Sessions Judge. He has further contended that the object of present FIR is to throttle criminal proceedings in FIR No. 697/2015, which is not permissible in law. He has further contended that in FIR No. 651/2016, besides petitioner, respondent no. 2 has named Tarun Kumar, Rajeev Doyee, Bhanwar Gurjar, Mahavir Prasad as accused. All these persons are witnesses in FIR No. 697/2015, in which the charge sheet has been filed. However, this fact has been concealed by respondent no. 2. In this view of the matter, FIR No. 651/2016 is nothing, but a device to pressurize witnesses not to depose against wife and son of respondent no. 2. He has further contended that a reading of FIR No. 651/2016 will evince that FIR is nothing but reproduction of contents of bail application of Vijaya






























































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