[2025:RJ-JP:36130]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 378/2022 Smt. Madhu Vyas D/o Shri Gopal Krishan Vyas W/o Shri Nirmal Sharma, Aged About 37 Years, Resident of Tan Keshyawala, Police Station Muhana, Tehsil Sanganer, District Jaipur Rajasthan.

----Petitioner Versus

1. State of Rajasthan, through Public Prosecutor.

2. Kailash Sharma S/o Late Shri Sitaram Sharma, Resident of Village Titariya, Tehsil Chaksu, Distt. Jaipur.

3. Santosh Sharma W/o Shri Kailash Sharma, Resident of Village Titariya, Tehsil Chaksu, Distt. Jaipur.

4. Devesh Nandoi S/o Shri Kishan Kumar Sharma, Resident of Jatwada Khurd Mantown, Sawaimadhopur.

----Respondents Connected With S.B. Criminal Miscellaneous (Petition) No. 8362/2021 Smt. Madhu Vyas D/o Shri Gopal Krishan Vyas W/o Shri Nirmal Sharma, Resident of Tan Keshyawala Tehsil Sanganer, District Jaipur Rajasthan.

----Petitioner Versus

1. State of Rajasthan, through Public Prosecutor.

2. Kailash Sharma S/o Late Shri Sitaram Sharma, Resident of Village Titariya, Tehsil Chaksu, Distt. Jaipur.

3. Santosh Sharma W/o Shri Kailash Sharma, Resident of Village Titariya, Tehsil Chaksu, Distt. Jaipur.

4. Devesh Nandoi S/o Shri Kishan Kumar Sharma, Resident of Jatwada Khurd Mantown, Sawaimadhopur.

----Respondent For Petitioner(s) : Mr. Tanveer Ahamad For Respondent(s) : Mr. Vivek Choudhary, PP Mr. Rajat Ranjan HON'BLE MR. JUSTICE SUDESH BANSAL

Order

08/09/2025

1. Petitioner is complainant and aggrieved by not considering her allegations against respondent No.2- Kailash Sharma, her father-in-law and respondent No. 4 Devesh Nandoi, for taking cognizance of offence thereagainst under Sections 354-A & 354-D, 376/511 IPC in connection with FIR No. 106/2019 registered at Police Station Mahila Thana, Jaipur City (South) for offences under Sections 498-A, 406, 323, 341, 354-A, 354-D, 376 and 511 of IPC.

2. At the outset, the relevant facts in brief, as culled out from the record are that, through the criminal complaint filed by the petitioner, FIR No. 106/2019 came to be registered at Police Station Mahila Thana, Jaipur City (South) for offences under Sections 498-A, 406, 323, 341, 354-A, 354-D, 376 and 511 of IPC wherein after investigation, Police submitted charge-sheet against petitioner’s husband namely Nirmal Sharma for offence under Sections 498-A and 406 IPC and absolved petitioner’s father-in- law Kailash Sharma, Mother-in-law Smt. Santosh Sharma and Nandoi Devesh, from the allegations of harassment for dowry, sexual harassment and abuse. On filing the charge-sheet, the Additional Civil Judge and Metropolitan Magistrate No. 12, Jaipur Metropolitan, took cognizance for offences under Sections 498A and 406 against petitioner’s husband Nirmal Sharma vide order dated 31.10.2019. Since no charge-sheet was filed against other accused persons namely Kailash Sharma, Smt. Santosh Sharma and Devesh, petitioner filed an application under Section 190 of Cr.P.C. to take cognizance of offence under Section 376-B, 511, 354-A and 354-D IPC, which was dismissed vide order dated 15.02.2020. Thereagainst, petitioner filed a Criminal Revision Petition, which too has been dismissed vide order dated

23.09.2021 by the Court of Additional Sessions Judge No. 9, Jaipur Metropolitan-I.

3. In Criminal Misc. Petition No. 378/2022, petitioner has questioned the order of cognizance dated 31.10.2019 to the extent that in the FIR as well as in her statements, recorded under Section 164 Cr.P.C., material was available before the Judicial Magistrate to take cognizance for offence under Sections 376-B, 511, 354-A and 354-D IPC as well against the accused persons Kailash Sharma, Smt. Santosh Sharma and Devesh, but cognizance was not taken. Hence, a prayer has been made to take cognizance of such offence against above accused persons as well.

It is noteworthy that after passing of the order of cognizance dated 31.10.2019, petitioner’s husband Nirmal Sharma has passed away on 18.06.2020, hence, criminal pro