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Judgment
Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.59/2018 registered at Police Station Mahila Thana, Jaipur City
(North), Raj., for offences under Sections 498-A, 406 and 323 IPC and Sections 3 and 4 of Dowry Prohibition Act.
Counsel for the petitioners has submitted that Tulsi Devi sister of complainant Ramjilal was married with Hemraj Sharma. It is contended that on
15.05.2018 Tulsi Devi had a fight with Mamta Devi(Jethani) wife of elder brother of the husband.
In the FIR No.206/2018 dated 18.05.2018, Tulsi Devi leveled allegations against mother in law Smt. Birdi Devi, father in law Ram Sahay Sharma and
Mamta Devi wife of elder brother of husband stating therein that they caused injuries to her with Lathi and Danda. It is further alleged in the FIR that
her in laws used to give her beating.
Mamta Devi(Jethani) wife of elder brother lodged crossFIR bearing No.209/2018 dated 18.05.2018 registered at Police Station Bassi.
Counsel for the petitioners has stated that in FIR No.206/2018 dated 18.05.2018 charge-sheet was filed against Mamta Devi for offences under
Sections 323 and 341/34 IPC.
Counsel for the petitioners has contended that two days later Tulsi Devi along with her brother Ramjilal taking incident dated 18.05.2018 as basis
leveled aggravated allegations that during subsistence of marriage Tulsi Devi was harassed on account of demand of dowry.
I have heard counsel for the parties.
In all three FIRs bearing No.0206/2018 dated 18.05.2018 registered at Police Station Bassi, FIR No.0209/2018 dated 18.05.2018 registered at Police
Station Bassi and FIR No.59/2018 dated 20.05.2018 registered at Police Station Mahila Thana, Jaipur City (North), Raj.,incident dated 18.05.2018 is to
be adjudicated, therefore, if the cases are tried by different courts there is apprehension that conflicting findings may emerge and cause judicial
embarrassment.
This court cannot become oblivious of the fact that in the first FIR No.206/2018 dated 18.05.2018 registered at Police Station Bassi, Tulsi Devi leveled
allegations of beating against mother in law, father in law and Mamta Devi(Jethani). She has leveled no allegation of harassment on account of
demand of dowry. These allegations have emerged, two days later, even though these allegations were available.
Mr. Dinesh Choudhary, counsel for complainant respondent has submitted that till last, Tulsi Devi intended to save her marriage.
Without commenting upon rival submissions, it is ordered that Investigating Officer of Police Station Mahila Thana, Jaipur City (North), Raj., in respect
of FIR No.59/2018 dated 20.05.2018 registered at Police Station Mahila Thana, Jaipur City (North), Raj., shall file report of his investigation along with
his opinion as a supplementary charge-sheet under Section 173(8) Cr.P.C. in the court where charge-sheet in respect of FIR No.206/2018 dated
18.05.2018 registered at Police Station Bassi has been filed. Consequently, FIR No.59/2018 registered at Police Station Mahila Thana Jaipur
City(North), Raj., shall stand clubbed with FIR No.206/2018 dated 18.05.2018 registered at Police Station Bassi. This will not only save emergence of
conflicting findings but shall also avert judicial embarrassment and further more shall also ensure fair play and balance of equities.
Sub-Inspector Bhagirath Mal Police Station, Mahila Thana Jaipur City (North), Raj., present in court has assured that within one month he shall file
the supplementary charge-sheet against the accused named in FIR No.59/2018 registered at Police Station Mahila Thana, Jaipur City (North), Raj., in
the court which is trying FIR No.206/2018 dated 18.05.2018 registered at Police Station Bassi.
In view of statement made by Sub-Inspector Bhagirath Mal Police Station, Mahila Thana Jaipur City (North), Raj., the court at Bassi is directed to
keep the proceedings arising out of FIR No.206/2018 in abeyance.