Sapna vs State Of Rajasthan

Arun Monga, J

Quashing of an FIR No.326/2023 dated 22.12.2023 registered at Police Station Mandore, District Jodhpur City (East), and all other consequential proceedings emanating therefrom for offences under Sections 420, 406, 465, 466, 467, 468, 471 and 120-B of IPC, is sought herein.

Brief facts of the case are that the petitioner No.1 (Sapna) and respondent No.2 (Vikram Singh) were married on 28.04.2021. Due to matrimonial discord, the petitioner-wife lodged an FIR against the respondent-husband on 04.09.2021 under Sections 498A, 406, and 323 of IPC. The respondent No.2-husband has already been charge-sheeted in that FIR.

2.1. In retaliation, the respondent No.2-husband, lodged an FIR against the petitioners on 28.08.2023 for alleged offences under Sections 419, 420, 406, 384, 386, 506, and 120B of IPC. This FIR resulted in a negative final report, which was submitted on 09.09.2023.

2.2. After submission of the negative final report, the respondent-husband registered another FIR on 22.12.2023 under Sections 420, 406, 465, 466, 467, 468, 471, and 120B of IPC, alleging that the marriage certificate submitted by the petitioner No.1-Sapna, was forged. The FIR claims that the marriage certificate falsely indicates 20.12.2021 as the date of marriage, while the actual date is 28.04.2021. It is further alleged that the petitioner submitted a false affidavit and forged signatures to obtain the certificate.

In the aforesaid factual backdrop, I have heard the rival contentions and perused the case file and the FIR.

Learned counsel for the petitioners submits that the FIR registered by the respondent No.2-husband is a gross abuse of the process of law, intended solely to exert undue pressure on the petitioner-wife and her family. It is pointed out that petitioner No. 1 (wife), was subjected to cruelty and dowry demands by the respondent-husband and his family, for which she lodged an FIR under Section 498A of the IPC on 04.09.2021. In that case, a charge sheet has already been filed against the respondent-husband.

4.1. In retaliation, the respondent-husband previously filed the FIR No. 47/2023 against some of the petitioners, but that FIR resulted in a negative final report.

4.2 Now, to harass and humiliate the petitioners, the respondent-husband has lodged the present FIR based on completely false allegations.

4.3. Hence, the current FIR amounts to an abuse of process of law and cannot be sustained, urges the learned counsel for the petitioner.

On the other hand, both PP as well as learned Counsel for the respondent no.2/complainant oppose the petition. They would submit that once the FIR has been registered, law will take its own course. They state that in case no incriminating material is found then appropriate report will be filed before the competent court and no interference of this court is warranted.

I am unable to persuade myself with the submissions made by Public Prosecutor as well as learned counsel for the complainant. Reasons are not far to seek. Let us see how.

Its transpires that that the alleged error, what is being attributed as forgery etc. forming the very basis of the FIR, in the date of marriage on the marriage certificate, has already been rectified by an order dated 27.03.2024 passed by Permanent Lok Adalat, District Nagaur.

The date of marriage on the certificate stands corrected to 28.04.2021 (the actual date of marriage), substituting the earlier erroneous date i.e. 20.12.2021. As such, the issue raised by the respondent no.2-husband no longer survives to that extent.

Moreover, the respondent-husband in his FIR has alleged forgery by all the family members-co-petitioners of his wife herein. As many as 13 of them have been named as accused on the basis of vague and omnibus allegations without any role attributed to them or any specifics thereof.

Allegation pertains to the fraudulent preparation of the marriage certificate of petitioner No. 1-wife and the respondent No.2-husband. Pertinently, the FIR contains no specifics about how the alleged fraud was committed or what unlawful gain the petitioners derived, particularly when the marriage itself is undisputed.

Under these circumstances, the FIR is nothing but abuse of process of law. The allegations ex facie do not fulfill the essential elements of the offences alleged. FIR thus does not stand the judicial scrutiny and deserves to be quashed.

Furthermore, given the peculiar facts and circumstances preceding the registration of the impugned FIR, a bare look at the chronology of events clearly suggests that the FIR, lodged at the instance of respondent No.2/husband, is motivated solely to settle personal scores, without any material on record, prima facie or otherwise.

Resultantly, petition is allowed. FIR No.326/2023 dated 22.12.2023 registered at Police Station Mandore, District Jodhpur City (East), and all other consequential proceedings emanating therefrom for offences under Sections 420, 406, 465, 466, 467, 468, 471 and 120-B of IPC, against the petitioners are quashed with consequences to follow.

All pending application(s), if any, stand disposed of.