Narendra vs State & Anr on 3 November, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3250 / 2017
Narendra S/o Shri Pyare Lal, Aged About 36 Years, B/c Baregama
(Brahmin), Resident Of- Budhakhera, P.S. Kapasan, Dsitrict
Chittorgarh.

—-Petitioner
Versus

1. State of Rajasthan

2. Smt. Sanju W/o Shri Narendra Baregama, D/o Shri
Jagdishchandra Baregama, Aged About 25 Years, Resident of
Budhakhera, P.S. Kapasan, District Chittorgarh.

—-Respondents
__
For Petitioner(s) :Mr. Sudhir Saruparia
For Respondent(s) :Mr. VS Rajpurohit, PP
__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/11/2017

1. Petitioner has preferred this misc. petition under

Section 482 of Cr.P.C. for quashing of FIR No.254/2017 dated

01.08.2017 Police Station Kapasan, District Chittorgarh for the

offence under Section 498A, 406 of IPC and 4 of Dowry Prohibition

Act, 1961.

2. Learned counsel for the petitioner points out that

marriage itself was solemnized on 28.04.2017 and within two days

respondent No.2 left the matrimonial home and did not come back

again. Learned counsel for the petitioner states that the fact itself

pointed out that it is immediate collapse of the matrimonial and

the criminal proceedings have been launched with the intention of

abusing of process of law.

(2 of 2)
[CRLMP-3250/2017]

3. Learned counsel for the petitioner further submits that

the petitioner wants to submit a representation alongwith all the

relevant documents before the concerned investigating authority.

4. Learned Public Prosecutor assures this Court that if the

petitioner submits 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.

5. 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

petitioner submits 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 petitioner, then the petitioner shall be given 15

days notice before making such arrest. The petitioner shall be at

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

made clear that the petitioner shall be required to completely co-

operate with the investigation.

(DR. PUSHPENDRA SINGH BHATI)J.

Sudheer choudhary

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