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Judgments of Supreme Court of India and High Courts

Prabhu Dayal vs State Of Rajasthan on 25 September, 2018

S.B. Criminal Misc(Pet.) No. 2509/2018

1. Prabhu Dayal S/o Shri Ram, Aged About 34 Years,

2. Smt. Bhanwari W/o Sri Ram, Aged About 28 Years,

3. Dindayal S/o Sri Ram, Aged About 50 Years,

4. Rajendra S/o Ranjeet Sinwar, Aged About 42 Years,
All by caste Rao, residents of Nearby Merta Bye Pass
Road, Jatav, Napasar, P.S. Napasar, Distt. Bikaner


1. State Of Rajasthan

2. Smt. Kalawati W/o Prabhu Dayal, D/o Megha Ram, B/c
Rao, Presently Resident Of Arjansar, Mahajan P.s.

Loonkaransar, Distt. Bikaner

For Petitioner(s) : Mr.SK Verma.
For Respondent(s) : Mr.MS Panwar, PP.




1. The petitioners have preferred this criminal misc.

petition under Section 482 Cr.P.C. seeking quashing of FIR

No.47/2018 registered at Police Station Mahajan, District Bikaner

for the offences under Sections 498A, 406 and 323 of IPC.

2. Learned counsel for the petitioners submits that an

application under Section 9 of Hindu Marriage Act for restitution of

conjugal rights was filed on 30.1.2018 and as a counterblast, this

F.I.R. has been filed on 3.7.2018 upon receiving the notices in the

said application.

(2 of 2) [CRLMP-2509/2018]

3. Learned Public Prosecutor submits that if the petitioners

submit a representation alongwith all the necessary documents

before the concerned investigating authority, then the same shall

be considered strictly in accordance with law, before completing

the investigation.

4. In light of the aforesaid assurance given by learned

Public Prosecutor and looking to the fact that the controversy

involved is matrimonial, the present misc. petition is disposed of

with a direction to the concerned investigating authority that in

case the petitioners submit a representation alongwith all the

necessary documents before it within a period of fifteen days from

today, then the same shall be considered and decided before

completing the investigation, strictly in accordance with law.

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. However, it is

made clear that the petitioners shall be required to join and

completely co-operate with the investigation.



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