Point of Law : Court is not required to consider on merits whether the merits of the allegations make out a cognizable offence or not and the court has to permit the investigating agency/police to investigate the allegations in the FIR.

ORDER :

1. Instant criminal misc. petition has been filed by the petitioners for quashing of FIR No. 187/2021 dated 15.12.2021 registered at Police Station Transport Nagar, Pali and all consequential proceedings pursuant thereto, for offence under Sections 498-A, 323, 306, 313, 506 and 34 IPC.

2. Facts in brief are that the respondent No. 2/complainant submitted a written report before the SHO, PS Transport Nagar, District Pali inter-alia alleging therein that marriage of his younger sister Smt. Jyoti Kanwar was solemnized with one Raghuraj Singh as per Hindu religion and customary rites on 26.02.2009. In the marriage, they incurred expenditures more than their capacity and gave gold silver ornaments, clothes, household goods and Rs. 1,50,000/- cash. It has been alleged that after the marriage, in-laws of his sister, including husband, father-in-law, mother-in-law, brother-in-law, sister-in-law (Jethani), sister-in-law (Nanad) and brother-in-law (Nandoi), started harassing her for demand of dowry and also gave beating to his sister after consuming liquior. Out of the wedlock, sister of the complainant gave birth to daughter Nidhi in the year 2010 and son Parikshit in the year 2013. At that time also, gold and silver ornaments were given as gifts. It has been further alleged that the sister of the complainant told her family members that her husband Raghuraj Singh was having illicit relations with girl namely Guddi before their marriage and after marriage also, he was having relations with one Santosh and Daya and used to regularly talk with them on phone and message them. On being stopped by his sister, he used to beat her. Further, since the year 2009 onwards, the in-laws of his sister beaten her at many times and also ousted her from their house. In the year 2015, a social meeting took place, in which the accused persons assured not to harass the sister of the complainant, therefore, no case was got instituted. Further, in the year 2015, 2016 and 2018, sister of the complainant got pregnant but her mother-in-law, sister-in-law (Nanad), sister-in-law (Jethatni and husband forcibly gave abortion pills and got aborted the fetus, which caused damage to her body. Thereafter, they ousted his sister after beating her. It has been further alleged that the husband of his sister is a Head Constable and he used to threaten them saying that they could not do anything against him. It is further alleged that the accused persons kept his sister hungry and confined her for many days. On coming to know about this, the complainant and his relatives went to the place of accused and tried to make them understand but they neither understood and nor allowed Jyoti to meet her children. After the said incident, sister of the complainant submitted a written report before the SP, Bhilwara on 10.12.2021 against the accused persons mentioning about physical and mental cruelties extended to her by the accused. Further, sister of the complainant also submitted a written report before Police Station Pratap Nagar, Udaipur on 11.12.2021 alleging that on account of demand of dowry, the accused persons harassed and tortured her continuously for a period of 12 years and uttered abusive words to her and also separated her from her children. On account of ousting, his sister was residing at her parental home. It is submitted that inspite of criminal report, the custody of the children was not given to his sister Jyoti.

3. On account of the said torture, harassment and separation from her children by the accused persons, the sister of the complainant committed suicide near railway outer signal at Pali.

4. On the basis of the said report, the Police Registered a case bearing FIR No. 187/2021 for the aforesaid offences against the present petitioners and husband of deceased Jyoti and started investigation.

5. Being aggrieved by the impugned FIR, the petitioners filed the present misc. petition for quashing of the same.

6. Learned counsel for the petitioners submits that