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2024 Supreme(Raj) 1172
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
SUDESH BANSAL, J.
Kalawati Devi @ Suresh - Petitioner
Versus
State of Rajasthan and ors. - Respondents
S.B. Criminal Miscellaneous (Petition) No. 8531 of 2022, S.B. Criminal Miscellaneous (Petition) Nos. 1195 and 6433 of 2023.
Decided on : 18-04-2024
Advocate Appeared:
For the Appellant :Mr. Siya Ram Sharma with Mr. Avinash Dhanju for complainant, Mr. Kunal Meena for Mr. Kapil Bardhar for accused (accused-respondents in CrLMP No.6433/2023)
For the Respondents: Mr. Prashant Sharma, PP
The court emphasized that allegations of dowry death and cruelty against in-laws warrant thorough investigation and cannot be dismissed at the quashing stage.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petition filed by mother-in-law of deceased seeking to quash FIR for offences under Sections 498A and 304B IPC - Allegations of dowry death and cruelty established against husband and mother-in-law - Court held that prima facie case exists against the petitioner, and powers to quash should be exercised sparingly. (Paras 10, 12, 14)
(B) Criminal Law - Dowry Death - Allegations of cruelty and dowry demands made against in-laws - Court emphasized the seriousness of allegations and the necessity for trial to determine the truth. (Paras 11, 13)
Facts of the case:
The FIR was lodged alleging dowry death of Mamta, who was subjected to cruelty by her in-laws, leading to her suicide. The petitioner, mother-in-law, was accused of demanding dowry and harassing the deceased.
Findings of Court:
The court found that serious allegations were made against the petitioner, and the FIR could not be quashed at this stage.
Issues: The main issues were whether the allegations against the mother-in-law were false and if the FIR could be quashed.
Ratio Decidendi: The court ruled that the allegations warranted further investigation and could not be dismissed as false at this stage.
Result: The petition to quash the FIR was dismissed.
ORDER :
Mr. Sudesh Bansal, J. - Since these three petitions are arising out of one common FIR, therefore, same are decided by this common order.
S.B. Crl.M.P. No. 8531/2022:
2. This petition under section 482 CrPC has been filed by the accused-petitioner-mother-in-law of deceased seeking to quash FIR No.235/2022 registered at Police Station Mahila Thana, District Alwar for offences under Sections 498A and 304B IPC, which came to be registered on the complaint made by father of deceased, in respect of "dowry death" of his daughter at the house of her in-laws. It is noteworthy to record that after investigation made in the impugned FIR, charge-sheet for offences u/s. 498A, 304B and 306 IPC has been filed against husband and mother-in-law of deceased; husband has been arrested and is in judicial custody. However, the mother-in-law (petitioner herein) is absconding, hence the charge-sheet against her has been filed under section 299 CrPC and arrest warrant against the petitioner under section 37 of the Police Act has also been issued.
3. Fact of the case are that an FIR came to be lodged on 24.06.2022 by the complainant alleging therein that his daughter Mamta was married to Rajesh Saini on 31.10.2017 at Alwar. It was stated that in the marriage Renault Kwid car, Cash Rs. 2.5 lac, Golden ornaments 4 tola, and Silver ornaments and other domestic articles including furniture were given in dowry. Still in-laws of his daughter Rajesh Saini-husband, Shri. Ram Saini-Father-in-law, Suresh Devi @ Kalawati-Mother-in-law, Maina-Nanad, Mothu, Rekha and Sarita were not happy with the dowry and they all used to torture his daughter Mamta for the demand of more dowry. It was stated that 20 days back, the daughter came to parental house and after some time when she was to go in-laws house, she denied to go her in-laws house and told that she was usually beaten by her in-laws. Anyhow, daughter was sent to her in-laws house, thereupon on 21.06.2022, she complained through telephone about the torture for the demand of dowry and requested to take her. Later on the complainant got information that his daughter has died because of hanging herself, therefore, the complainant lodged the FIR.
4. Investigation in the impugned FIR was commenced and during investigation statements of complainant, his family members and neighbours were recorded. After thorough investigation, the Investigating Officer observed that offence u/s. 498A and 304B IPC is established against the husband and mother-in-law of the deceased. The husband Rajesh Kumar Saini was arrested on 27-6-2022 and against him charge sheet has been filed. As far as mother-in-law of deceased, i.e. the petitioner herein is concerned, she has been escaping from arrest, therefore, the police applied for issuance of arrest warrants by the Judicial Magistrate under section 37 of the Police Act, which has been ordered to be issued. However, as per investigation report, the petitioner is fleeing from her arrest, therefore, charge sheet against her has been filed under section 299 CrPC.
5. Counsel for petitioner submits that the deceased was residing with her husband at Hyderabad and the petitioner had no indulgence in their interse matrimonial affairs. Allegations leveled in the FIR against the petitioner that deceased was subjected to cruelty in connection with the demand of dowry and the petitioner is liable for "her dowry death" are after thought, concocted and false. Counsel submits that the petitioner's son is serving in Indian Army and posted at Hyderabad, where the deceased was residing with her husband, and they both returned at Alwar on 20-6-2022 itself. The deceased committed suicide on 23-6-2022 because of her own reasons, for which the petitioner may not be held liable merely on account of the fact that the deceased died within a period of seven years of her marriage. There is no connecting evidence against the petitioner to draw a presumption against her to harass the deceased and to be involved for o
