Chandan Kanwar And Ors vs State Of Rajasthan And Ors

Present petition has been filed under Section 482 Cr.P.C. praying that order dated 02.11.2017 passed by the Additional District & Sessions Judge No.15, Jaipur Metropolitan, Jaipur in Revision No.1070/2017, whereby the revision petition was dismissed and the order dated 08.05.2017 passed by the Additional Civil Judge & Metropolitan Magistrate No.20, Jaipur Metropolitan in F.R. No.131/2015 was affirmed, be set aside.

Counsel for the petitioner has submitted that the petitioner had filed a criminal complaint and on basis thereof FIR No.234/2015 was registered at Police Station Mahila Thana(West), Jaipur for offences under Sections 498A, 406 and 420 IPC.

Counsel for the petitioner has very fairly stated that in said FIR final report in negative form was submitted. Counsel for the petitioner has submitted that petitioner filed a protest petition (Annexure-2) and during pendency of the protest petition the petitioner filed an application that dowry articles recovered by the Investigating Officer be released to petitioner on 'Supurdagi'.

Counsel for the petitioner contends that said application filed by the petitioner was dismissed by the Court of Magistrate on 08.05.2017 vide Annexure-4.

A perusal of the order dated 08.05.2017 reveals that Court had noted that the file contained an agreement between the parties wherein petitioner has stated that she has received all dowry articles.

Counsel for the petitioner submitted that the agreement pertained to earlier FIR wherein petitioner had effected a compromise and thereafter had started staying with the husband and since again the matrimonial relations turned sour, the petitioner lodged another FIR in which the dowry articles were recovered.

Counsel for the respondent has denied this fact and has submitted that a Division Bench of this Court in D.B. Civil Misc.

Appeal No.2345/2014, between the same parties titled Smt. Chandan Kanwar Vs. Balwant Singh granted divorce. It is further submitted that decree of divorce has been upheld by the Supreme Court as Special Leave to Appeal filed by the petitioner was dismissed.

Whether the agreement pertained to the first FIR, as stated by the Counsel for the petitioner, or to the subsequent FIR is a disputed question of fact. Under the provisions of Dowry Prohibition Act the petitioner is entitled to approach the Dowry Prohibition Officer for recovery of the dowry articles. For non return of dowry articles under Section 6 of the Act, persons who are in possession of the dowry articles can be prosecuted.

Hence, without causing any interference the present petition is disposed of granting liberty to the petitioner to approach the Dowry Prohibition Officer for redressal of the grievance.