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2025 DAILYLAW 17757 (RAJ)

SHUBHAM SONI S/O NAVAL SONI v. STATE OF RAJASTHAN

CRLMP/2700/2025 · 2025-05-30

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:22850] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2700/2025 1. Shubham Soni S/o Naval Soni, R/o 16, Basant Vihar, Special Blood Bank Road Kota, Dadabari, Kota City, Rajasthan. 2. Radha Soni, W/o Naval Soni, R/o 16, Basant Vihar, Special Blood Bank Road Kota, Dadabari, Kota City, Rajasthan. 3. Naval Soni S/o Late Shri Brijmohan Soni, R/o 16, Basant Vihar, Special Blood Bank Road Kota, Dadabari, Kota City, Rajasthan. 4. Priyal Soni, D/o Naval Soni, R/o 16, Basant Vihar, Special Blood Bank Road Kota, Dadabari, Kota City, Rajasthan. 5. Raghav Soni, S/o Naval Soni, R/o 16, Basant Vihar, Special Blood Bank Road Kota, Dadabari, Kota City, Rajasthan. ----Accused-Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor, Jaipur (Raj). ----State Respondent 2. Pooja Soni D/o Rajesh Soni, R/o E 175, 176, Swarnkar Colony, RPA Ke Samne, Shastri Nagar, Jaipur City (North), Jaipur, (Raj.) ----Respondent-Complainant For Petitioner(s) : Mr. Mohit Khandelwal For Respondent(s) : Ms. Arti Sharma, Dy.GA with Mr. Rishi Raj Singh Rathore, P.P. Ms. Manjula Meena, Mahila Thana (North) Jaipur Mr. Satyan Khandelwal HON'BLE MR. JUSTICE SAMEER JAIN Judgment 30/05/2025 1. Learned counsel for the petitioner has submitted that marriage was solemnized on 18.11.2024. It is further submitted that complainant has stayed for a period of approximately twelve days in the matrimonial house. Further, it is submitted that a [2025:RJ-JP:22850] (2 of 3) [CRLMP-2700/2025] petition was filed under Section 12 of Hindu Marriage Act, 1955 before the learned Family Court for dissolution of the marriage due to mental condition of the complainant as the said fact was concealed from the petitioner at the time of marriage. 2. It is further submitted that the FIR is lodged with false and concocted story. Moreover, considering the whatsApp chat inter-se the petitioner's family and father of the complainant, the FIR ought to be quashed. Further, it is submitted that entire family of the petitioner is implicated in the impugned FIR. 3. Per contra, learned counsel for the victim has submitted that the victim has left the matrimonial home on 02.12.2024 on account of constant mental agony and physical abuse. It is further submitted that the victim was hospitalized for 11 days approximately. 4. Further, it is submitted that submissions of the petitioner are absurd. In support of the same, reference is made to the discharge report from the hospital. Further, whatsApp chat are the version of victims’ father. 5. In compliance of the directions passed in the erstwhile order, Investigation Officer has marked presence and has submitted that attempt qua mediation were made inter-se the parties, however, complainant has not marked presence for the same. Further, it is submitted that stridhan is still lying in the custody of the family/petitioner. 6. Having heard the arguments advanced by the learned counsel for the parties and taking note of the peculiar facts, this Court is not inclined to interfere in the present petition. [2025:RJ-JP:22850] (3 of 3) [CRLMP-2700/2025] Howsoever, this Court directs that no coercive action be taken qua the petitioners’ family subject to joining the investigation. 7. Petitioner-Husband is directed to join the investigation within a period of seven days. 8. Further, investigation be conducted under the supervision of concerned Superintendent of Police. 9. Accordingly, the present petition is disposed of. Pending application(s), if any, also stands disposed of. 10. A copy of factual report is taken on record. (SAMEER JAIN),J GAURAV/700