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Farida Bano & Ors vs State & Anr on 30 March, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 871 / 2017

1. Farida Bano w/o Ibrahim Khan (D/o Khaju Khan) aged 21
years,

2. Ibrahim Khan son of Gulab Khan,

3. Gulab Khan son of Saroop Khan

4. Samda Bano W/o Gulab Khan
All by caste Muslim R/o village Dantiwas, Tehsil Bhinmal,
District Jalore.

—-Petitioners
Versus

1. State of Rajasthan through PP

2. Khaju Khan son of Shri Musa Khan, by caste Muslim, R/o village
Kantol, PS Sanchore District Jalore.

—-Respondents
_____________________________________________________
For Petitioner(s) : Mr. Naman Mohnot.
For Respondent(s) : Mr. MS Panwar, PP for the State.
_____________________________________________________
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment / Order
30/03/2017

The petitioner has preferred this misc. petition under Section

482 CrPC for quashing of the FIR No.48/2017 registered at Police

Station Sanchore, District Jalore for the offences falling under

Sections 498A, 341, 323/34 of the IPC.

Learned Public Prosecutor states that investigation is going

on and will take some more time to complete the same.

The counsel for the petitioner states that petitioner’s father

has lodged the complaint against the husband’s father in laws and

mother in laws of petitioner No.1. Petitioner No.1 herself is
(2 of 2)
[CRLMP-871/2017]

present in the Court and as per the counsel for the petitioner, she

does not have any grievance against her laws.

The petitioner No.1 being wife does not have any grievance

then under Sections 498A, 341, 323/34 of the IPC may not be

made out.

In light of the aforesaid discussion, the investigation

authority is directed to take evidence of the petitioner No.1 and as

per her statement, complete the investigation thereafter. Until the

investigation is complete, no coercive action shall be taken against

the petitioners.

The Criminal Misc. Petition is disposed of with aforesaid

direction.

Petitioner No.1 shall remain present before the investigating

authority on 31.03.2017 and the same day, the investigation shall

be completed.

(DR. PUSHPENDRA SINGH BHATI)J.

Ck mishra

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