N.L.TIBREWAL,J. - (1.) THE petitioners have filed this petition for quashing criminal proceedings under Sections 498A and 406 I.P.C. pending in the Court of the Additional Chief Judicial Magistrate No. 1, Kota in Criminal Case No. 764/94, State v. Gurupal Singh and Ors.
(2.) THE circumstances leading to the present petition may be narrated in brief as under : The wife Smt. Gurjeet Kaur filed a complaint in the Court of Additional Munsiff and Judicial Magistrate (North) Kota under Sections 420, 406 and 498A I.P.C. against her husband Gurupal Singh and her father -in -law and mother -in -law. From the averments of the complaint it transpires that Smt. Gurjeet Kaur was married to the petitioner Gurupal Singh on September, 21 1991 in accordance with their religious rites and eremonies, but their marriage did not prove successful. According to her, she was subjected to cruelty and no love and affection was given to her by her husband. According to her, the articles and ornaments, which are 'Stridhan' were also not returned by the accused persons even on making a demand. The charge under Section 420 I.P.C. was alleged in the complaint on the ground that the husband -petitioner was impotent and this fact was concealed by him and his parents before the marriage. This complaint was forwarded under Sub -section (3) of Section 156 Cr.P.C. to Police Station, Vigyan Nagar, Kota for registration of case. Thereupon, Crime No. 29/94 was registered at the aforesaid Police Station for offences punishable under Sections 420, 406 and 498A I.P.C. During investigation, it appears that some articles were taken in custody by he Police from the petitioners and the same have been handed over to the wife under the orders of the Court. The petitioners have moved this application under Section 482 Cr.P.C. with a prayer to quash the proceedings on the ground that the complainant -wife was never subjected to mal -treatment or cruelty by any of the petitioners as disclosed from various letters which have been filed alongwith this petition and some of those letters are said to have been written by the complainant -Smt. Gurjeet Kaur @ Neelu. It has also been stated in the petition that the Police as well as the Courts at Kota had no jurisdiction to entertain the complaint or register the case as the marriage of the complainant with petitioner -Gurupal Singh had taken place at Amritsar and no cause of action had arisen at Kota.
(3.) NORMALLY , this Court does not entertain such petition under Section 482 Cr.P.C., specially when the facts alleged in the petition are subject -matter of inquiry in the criminal case itself. I am also of the opinion that this Court cannot quash the proceedings merely on the basis of certain letters written by the relatives to the complainant or the complainant herself, unless those letters are proved during the inquiry, but some special circumstances have come before this Court.;