IN THE HIGH COURT OF RAJASTHAN PRINCIPAL SEAT, JODHPUR
SANDEEP MEHTA, J.
Ranveer Singh S/o Shri Mala Ram - Petitioner
Versus
State of Rajasthan and Ors. - Respondents
S.B. Criminal Misc. (Pet.) No. 2576 of 2017
Decided On : 09-05-2018
Criminal Procedure Code - Section 482 – Indian Panel Code - Sections 498A, 406 and 323 - Quashing of the FIR – Allegations – Evident – Thereafter complainant and her father demanded return of articles entrusted to accused but they refused to part with same on which FIR came to be lodged - Petitioner has approached this Court by way of this misc petition for challenging impugned FIR on various grounds – Held, Thus ex-facie, ingredients of offence under Section 498A IPC are not established from material available on record so as to justify registration of FIR against him for said offence - Furthermore upon a thorough perusal of FIR it is evident that there is not even a slender allegation that any of articles of complainant were ever entrusted to accused petitioner – petition allowed
1. By way of this Cr. Misc. Petition filed under Section 482 Cr.P.C., the petitioner herein has approached this Court seeking quashing of the FIR No. 200/2017 registered at the Police Station Taranagar, District Churu for offences under Sections 498A, 406 and 323 IPC.
2. As per the case set up in the FIR, the petitioner and the respondent No.2 complainant were married on 14.07.2010. After few days of the marriage, the petitioner returned to USA where, he was already working from before the marriage. In the petitioner’s absence, his parents, sister, etc. allegedly used to harass and humiliate the complainant/ respondent No. 2 on account of demand of dowry and for various other reasons. On 24.12.2010, the complainant too went to USA. Initially, she was treated with love and respect but a few days later, Ranveer Singh started showing his true colours to the complainant. The complainant’s freedom was totally curtailed. She was assaulted and was not allowed to talk to her parents. She conceived in the year 2011. Despite that, the accused petitioner continued to treat the complainant cruelly saying that he did not desire the child. On a particular day, she was beaten so brutally that she miscarried. A few days later, she again became pregnant on which, Ranveer Singh sent her back to India. She gave birth to a son on 07.01.2012 whereafter, she started hoping for a better treatment from her matrimonial relations. Ranveer came to India in the last week of October, 2012. The complainant’s parents organised a lavish Chuchak ceremony, but the in-laws were not satisfied. She returned to America with Ranveer on 24.11.2012 where he resumed his cruel behaviour with the complainant. She was beaten frequently. She was even turned out of the house. Even their minor child was assaulted. On 10.06.2013, Ranveer assaulted the complainant inhumanly resulting into numerous injuries being caused to her. On one day, he also threw child on the floor whereafter, she called the police who rescued the complainant and her child and took them to a shelter home. An inquiry was initiated against Ranveer who was kept in custody for a significant period of time for his cruel and inhuman behaviour. He was directed to pay 1568 dollars per month as child support. However, Ranveer absconded from America in the month of November, 2014 and returned to India with the intent to avoid all liabilities which had been enforced upon him by the U.S. authorities. The complainant continued to live in USA with her child with great degree of difficulty and struggle. Her parents went to her matrimonial house for settling the dispute on which, they came to know that Ranveer was attempting to remarry. Complainant’s father filed a complaint in police on which, Ranveer was restrained from remarrying. Thereafter, the complainant and her father demanded return of the stridhan articles entrusted to the accused but they refused to part with the same on which, the FIR came to be lodged. The petitioner Ranveer has approached this Court by way of this misc. petition for challenging the impugned FIR on various grounds.
3. Shri Vikas Bijarnia learned counsel representing the petitioner drew the Court’s attention to the decree/order dated 13.11.2014 issued by the competent court in USA whereby, the marriage between the petitioner and the complainant M/s. Kavita was dissolved. Under this decree, the petitioner Ranveer was directed to pay 19500 dollars to Smt. Kavita in addition to certain amount as child support. Shri Bijarnia urged that considering the aspect that the matrimonial relationship between the petitioner and the complainant stood terminated way back in the year 2014, the continuance of the impugned FIR, which came to be filed after a delay of nearly three years, amounts to a gross abuse of process of law. He urged that while passing the decree, the Court at USA settled all the properties claimed by the parties with the sole exception that Ranveer Singh would return the wedding
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