The Himachal Pradesh High Court dismissed a petition, filed under Section 482 of Cr.P.C for quashing of Zero F.I.R. of 2023 dated 20.11.2023, registered at Police Station for the commission of offences punishable under Sections 376, 377 & 498-A read with Section 34 of IPC. The Court observed that the Magistrate has the power to order the registration of the FIR and monitor the investigation under Section 156(3) of Cr.P.C.; therefore, the petition under Section 482 of Cr.P.C. for such directions is not maintainable.
Brief Facts:
The marriage of the petitioner was solemnized on 02.11.2020 as per Hindu rites and customs. The parents-in-law of the petitioner started harassing her on one pretext or the other. The petitioner’s husband and his family members harassed the petitioner in June 2021 and asked her to get ₹15 lacs from her parents for the marriage of her brother-in-law Sachin Kumar. The petitioner was taking a rest in her room when her brother-in-law entered her room and raped her. The petitioner’s husband also used to maintain unnatural sexual relations with her without her consent. The petitioner left her matrimonial home in July 2023. She made a complaint to the SHO on 20.11.2023. The police registered a Zero F.I.R. and sent it to Pacnchkulla Police Station for its registration. The petitioner had suffered mental agony and cruelty in her maternal home.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that the police in the Police Station where the wife is residing have the jurisdiction to register the F.I.R. and carry out the investigation. He prayed that the Zero F.I.R. be quashed or converted into the regular F.I.R. and that the police be directed to carry out the investigation as per the law.
Contentions of the Respondent:
The Learned Counsel for the Respondent submitted that since the incident had taken place at Panchkulla, therefore, the police had rightly sent the F.I.R. to Panckhulla for investigation. The petitioner has the remedy to approach the concerned Magistrate and this Court should not exercise its extraordinary jurisdiction to issue direction for registration of F.I.R. and for the investigation.
Observations of the Court:
The Court observed that the Magistrate has the power to order the registration of the FIR and monitor the investigation under Section 156(3) of Cr.P.C.; therefore, the petition under Section 482 of Cr.P.C. for such directions is not maintainable.
The Court said that there is a force in the submission of the learned Additional Advocate General that this Court should not exercise its jurisdiction under Section 482 of Cr.P.C. and the remedy of the petitioner is to approach the concerned Magistrate.
The decision of the Court:
The Himachal Pradesh High Court, dismissing the petition, held that the directions sought to be issued cannot be issued.
Case Title: Swati Kaundal v State of Himachal Pradesh & Anr.
Coram: Hon’ble Justice Rakesh Kainthla
Case no.: Cr. MMO No. 1209 of 2023
Advocate for the Petitioner: Mr. Vivek Singh Attri
Advocate for the Respondents: Mr. Jitender Sharma
Read Judgment @LatestLaws.com
Picture Source :