HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3284/2018
1. Smt Nisha Sharma W/o Sh. Mahendra Sharma, Aged
About 46 Years, Old Housing Board , Near Lovely Factory ,
Suratgarh Distt. Sri Ganganagar
2. Mahendra Sharma S/o Purosotam Lal Sharma, Aged
About 52 Years, Old Housing Board , Near Lovely Factory ,
Suratgarh Distt. Sri Ganganagar
—-Petitioners
Versus
1. State, Through Pp
2. Smt. Shalini Sharma W/o Sanjay Sharma, Aged About 25
Years, D/o Sh. Dharampal , R/o C/o Chandra Bhan
Solanki , Ward No 14, Near Animal Hospital , Purani Abadi
, Sri Ganganagar
—-Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 3050/2018
Sanjay Sharma S/o Sh. Mahendra Sharma, Aged About 27 Years,
Old Housing Board , Near Lovely Factory , Suratgarh Distt. Sri
Ganganagar At Present Residing At Bikaner
—-Petitioner
Versus
1. State, Through Pp
2. Smt. Shalini Sharma W/o Sanjay Sharma, Aged About 25
Years, Chandra Bhan Solanki , Ward No 14, Near Animal
Hostipal , Purani Abadi , Sri Ganganagar
—-Respondents
For Petitioner(s) : Mr. Vishal Singhal.
For Respondent(s) : Mr. Mahipal Bishnoi, PP.
Mr. Rakesh Matoria.
HON’BLE MR. JUSTICE SANDEEP MEHTA
Order
29/01/2020
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(2 of 2) [CRLMP-3284/2018]
These misc. petitions have been filed for seeking quashing of
FIR No.176/2018 registered at Police Station Mahila Thana, Sri
Ganganagar.
As per the factual report submitted by the learned Public
Prosecutor, after conducting investigation and making efforts of
counselling, etc., the I.O. has found the offences under Sections
498A and 406 IPC made out against the petitioner Sanjay Sharma
being the husband of the complainant respondent NO.2 Smt.
Shalini Sharma.
In this background and, considering the limited scope of
interference in an FIR at the initial stage while exercising the
inherent powers under Section 482 Cr.P.C., this Court is not
inclined to quash the impugned FIR. Thus, the I.O. is directed to
file the result of the investigation in the court concerned in light of
the factual report. Needless to say that the petitioner Sanjay
Sharma shall be at liberty to raise all his objections before the trial
court at the appropriate stage.
With these observations and directions, the instant misc.
petitions as well as stay applications are disposed of. The
applications for vacating the stay orders dated 01.10.2018 and
19.09.2018 are also disposed of.
A copy of this order be placed in each file.
(SANDEEP MEHTA),J
4-Tikam/-
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