Gopal Krishan Vyas - (1.) IN this misc. petition filed under Section 482 Cr.P.C., the petitioners have prayed for quashing FIR No.96/2009 dated 14.8.2009 filed at Police Station Padampur, District Sriganganagar and charge-sheet No.56/2010 filed in pursuance of the said FIR against the present petitioners for offence under Section 498A I.P.C.
(2.) THE main contention of learned counsel for the petitioners is that upon perusal of FIR and charge-sheet, it will reveal that no offence has been committed by the petitioners and present FIR is nothing but outcome of concocted and vague allegations against the petitioners. It is also submitted that as per statement of witnesses recorded under Section 161 Cr.P.C. by the police no offence under Section 498A I.P.C. is made out against the present petitioners. Further, it is submitted that from the statement recorded under Section 161 Cr.P.C. of all the witnesses it appears that they gave contradictory evidence to each other, therefore, it can be said that there is no evidence or material available on record to show that the petitioners made any demand of dowry to harass the complainant. With regard to allegation of cruelty, it is submitted by learned counsel for the petitioners that harassment of woman with a view to torturing her to meet any unlawful demand or any property or valuable security or is on account of failure by her or any person related to her to meet such demand can be termed as cruelty but in the instant case no such cruelty has been committed by the petitioners, therefore, the proceedings initiated against the petitioners deserves to be quashed. For petitioner No.1, it is submitted that he is government servant and holding the post of Teacher Grade III and the complainant wants to spoil the service career of the petitioner No.1, therefore, she lodged a case for offence under various Sections of I.P.C. but after investigation, challan has been filed under Section 498A I.P.C. It is further argued that petitioner No.2 is a housewife and she is having much faith in the God and spend her most of the time for the worship of God. THErefore, it can be said that the petitioners being father- in-law and mother-in-law of complainant has been implicated on false and baseless grounds in this case. Initially, a complaint was filed by the complainant before the Judicial Magistrate, Padampur District Sriganganagar against the petitioners and two others for offence under Sections 457, 376, 498A and 120B I.P.C. but after Investigation, the police filed challan under Sections 498A I.P.C. only against the petitioners. Meaning thereby, the police did not find any case against the petitioners for offence under Sections 457, 376 and 120B I.P.C. and this fact itself proves that the petitioners have been falsely implicated in this case. Therefore, not only FIR but whole investigation made by the police upon which charge-sheet has been filed under Section 498A I.P.C. against the petitioners may be quashed and set aside. Ave considered the submissions made by learned counsel for the petitioners for quashing FIR and perused the FIR and challan papers. It is true that under Section 482 Cr.P.C.if it appears to the Court that no offence is made out upon perusal of the FIR, the FIR can be quashed. Further, if no case is made out in the charge-sheet or evidence against the accused persons against whom challan has been filed, the Court can quash the charge-sheet itself. Meaning thereby, there is not dispute with regard to inherent power of the High Court under Section 482 Cr.P.C. but at the same time, at the time of exercising such power, the High Court is required to exercise its power if it is found that case is made out to proceed. In the aforesaid circumstances upon perusal of the entire FIR as well as charge- sheet filed against the petitioners, it emerges that the petitioners are father-in- law and mother-in-law of complainant and complainant has filed the following FIR against the petitioners: (Matter in Hindi) The facts which are stated in the complaint are not convincing this Court to interfere in the matter under Section 482 Cr.P.C. because after thorough investigation the police filed challan against the petitioners under Section 498A I.P.C. because petitioners are not disputing the marriage of the complainant with their son and there is material evidence to proceed against the petitioners because in the statements of complainant Suman and other witnesses recorded under Section 161 Cr P.C., there are serious allegations against the petitioners. Therefore, in my opinion, it is not proper under the criminal law to adjudicate the criminal case while assessing the evidentiary value of evidence just after filing challan without trial on the ground that there is material contradiction in the statement of witnesses recorded under Section 161 Cr.P.C. The case is to be decided after due trial by the trial Court.
(3.) IN this view of the matter, it is not a case in which any interference is warranted. Hence, this misc. petition filed under Section 482 Cr.P.C. is hereby dismissed. However, the petitioners will be at liberty to raise their all grounds before the trial Court at the time of framing charge. Petition dismissed.;