Ishaq Mohammad & Anr vs State & Anr on 13 September, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3019 / 2017

1. Ishaq Mohammad S/o Late Ahmed Ali, B/c Muslim

2. Marjina W/o Ishaq Mohammad, B/c Muslim, All R/o- C-204,
Gaytri Nagar, Ward No. 47, Bhilwara (Raj.)

—-Petitioners
Versus

1. State of Rajasthan Through P.P.

2. Rijwana Bano W/o Ashfaq Mohammad, B/c Muslim, R/o Near to
Norani Masjid, Balotra Distt. Barmer (Raj.)

—-Respondents
__
For Petitioner(s) :Mr. Naman Manhot
For Respondent(s) :Mr. VS Rajpurohit, PP
__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
13/09/2017

1. Petitioners have preferred this misc. petition under

Section 482 of Cr.P.C. for quashing of the FIR No.127/17

registered at Police Station Balotra, District Barmer and all further

proceedings initiated in pursuant thereof, for the offences under

sEctions 498A, 406, 420, 323, 342, 354-A 312, 376, 511 of the

IPC.

2. The petitioners has preferred this petition and

challenging the FIR in which, the allegations pertaining to the

matrimonial dispute between the parties were alleged. The

demand of dowry and maltreatment and other allegations are

there on the face of it.

3. Learned counsel for the petitioners states that the

petitioner No.1 and 2 are father-in-law and mother-in-law and

they are not residing with the couple and therefore, there was no
(2 of 2)
[CRLMP-3019/2017]

question of there getting involved in the present case.

4. Learned counsel for the petitioners further submits that

the petitioners want to submit a representation alongwith all the

relevant documents before the concerned investigating authority.

5. Learned Public Prosecutor assures this Court that if the

petitioners submit a representation along with all the necessary

documents before the concerned investigating authority within a

period of ten days from today, then the same shall be considered

and decided strictly in accordance with law, before completing the

investigation.

6. In light of the aforesaid assurance given by learned

Public Prosecutor, the present misc. petition is disposed of with a

direction to the concerned investigating authority that in case the

petitioners submit a representation along with all the necessary

documents before it within a period of ten days from today, then

the same shall be considered and decided before completing the

investigation, strictly in accordance with law and as per the

assurance given by the learned Public Prosecutor. However, if

during the investigation, the concerned investigating authority

needs to arrest the petitioners, then the petitioners shall be given

15 days notice before making such arrest. The petitioners shall be

at liberty to approach this Court again, in case need arises.

(DR. PUSHPENDRA SINGH BHATI)J.

sudheer

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