HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc(Pet.) No. 4034/2018
Sahazad Khan S/o Sher Mohmmad, Aged About 26 Years, B/c
Muslim, R/o Niyariyon Ki Gali, Udaimandir, Jodhpur.
1. State, Through Pp
2. Ruhina Bano W/o Sahazad Khan, R/o Gali No. 11 K 444,
Devi Road, Chanana Bhakar, Jodhpur.
For Petitioner(s) : Mr. Parvej Moyal
For Respondent(s) : Mr. VS Rajpurohit, PP
Mr. Firoz Khan
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
1. Petitioner has preferred this misc. petition under
Section 482 of Cr.P.C. for quashing of FIR No.160/2018 dated
05.09.2018 lodged at Police Station Mahila Thana, Jodhpur City
West for the offences under Section 498A, 406 and 420 of IPC.
2. The matter pertains to a matrimonial dispute and the
complainant respondent No.2 Ruhina Bano (wife), as identified by
the learned counsel for the petitioner, is present in the Court and
submits that she does not want to continue with the case.
3. Since it is a matrimonial case and the complainant /
wife respondent No.2 present in the Court makes a clear
statement that she does not want to go ahead with the case,
therefore, in the fitness of the facts aforesaid, the present misc.
petition is disposed of with a direction to the concerned
(2 of 2) [CRLMP-4034/2018]
investigating officer to take the supplementary statement of the
respondent No.2 and complete the investigation accordingly, while
keeping into consideration the precedent law of Gian Singh V/s.
State of Punjab Anr. [(2012) 10 SCC 303. However, it is
made clear that the petitioners shall not be arrested in connection
with the present FIR and in case any requirement of arrest still
persists then the concerned investigating officer shall be required
to give 15 days’ prior notice to the petitioner before making such
arrest. The parties will be at liberty to approach this Court, if
(DR. PUSHPENDRA SINGH BHATI),J
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