Pratibha vs Rameshwari Devi & Ors

3. Before we take up the questions that were posed before us by the learned counsel for the parties, it is necessary at this stage to state the facts giving rise to the filing of this appeal. Accordingly, the facts in a nutshell are stated below :

4. The appellant had entered into wedlock with the respondent No.2 on 25th January, 2000. The respondent Nos.1, 3, 4 and 5 are the mother-in-law, brother-in-law, maternal father-in-law and the father-in-law of the appellant respectively. The appellant left her matrimonial home on 25th May, 2001 with her father and brother. In the FIR, the appellant alleged that during her stay in her matrimonial home, she was subjected to harassment and cruelty by all the respondents as they were dissatisfied with the articles that the appellant had brought as stridhan. The respondents also forced her to bring Rs.5 lacs more in dowry from her father which she could not bring from her parents nor could her parents afford to pay such a huge amount. The respondents also did not allow the appellant to take back her ornaments and other articles, which were gifted to her as stridhan when she left her matrimonial home. On 31st July, 2001, the husband, namely, respondent No.2 filed a petition before the Family Court praying for a decree for divorce on the ground of mental cruelty. On 31st December, 2001, the appellant lodged an FIR No.221 of 2001 against the respondents for the alleged offences under Section 498A and 406 of IPC. This FIR was challenged by way of a criminal miscellaneous petition under Section 482 of the Code in which the respondents prayed for quashing of the said FIR. The respondents had also obtained an order granting anticipatory bail from the Sessions Judge, Jhunjhunu, Rajasthan on 8th February, 2002. While the petition under Section 482 of the Code was pending, a final investigation report was submitted on 13th February, 2004 in the High Court. The High Court by the impugned order had quashed the FIR No.221 of 2001 on the basis of the report of the Investigating Officer submitted before it and concluded that no offence under Section 498A and 406 of the IPC was made out by the appellant against the respondents. The High Court also observed that the FIR must be quashed to avoid undue harassment and mental agony to the respondents, more so when the divorce petition was still pending before the Family Court. It is this order of the High Court, quashing the FIR in the exercise of its inherent power under Section 482 of the Code, which is now under challenge before us in this appeal.

10. Before parting with this judgment, we may also remind ourselves that the power under Section 482 of the Code has to be exercised sparingly and in the rarest of rare cases. In our view, the present case did not warrant such exercise by the High Court. For the reasons aforesaid, we are unable to sustain the order of the High Court and the impugned order is accordingly set aside. The appeal is allowed to the extent indicated above. The learned Magistrate is directed to proceed with the case in accordance with law. It is expected that the Magistrate shall dispose of the criminal proceedings as expeditiously as possible preferably within six months from the date of communication of this judgment.