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
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For Petitioner(s) :Mr. Naman Manhot
For Respondent(s) :Mr. VS Rajpurohit, PP
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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