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
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For Petitioner(s) :Mr. Sudhir Saruparia
For Respondent(s) :Mr. VS Rajpurohit, PP
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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