LAWS(P&H)-2006-1-31

BHANWAR TAKHAT SINGH RATHORE Vs. STATE OF HARYANA

Decided On January 18, 2006
Bhanwar Takhat Singh Rathore Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THE petitioners have filed the present petition for seeking quashing of FIR No. 527 dated 25.12.2005 registered at Police Station City Thanesar under Sections 498-A, 406, 323, 506, 120-B IPC.

(2.) BHANWAR Takhat Singh Rathore petitioner No. 1 is husband of complainant- respondent No. 2 Smt. Reena Singh while Narpat Singh Rathore and Usha Kumari- petitioner Nos. 2 and 3 are her father-in-law and mother-in-law, respectively.

(3.) LEARNED counsel for the petitioners, while seeking quashing of the FIR, has submitted that the FIR had been registered after 16 years of marriage and after a gap of 8 years since 1997 from when petitioner Bhanwar Takhat Singh Rathore and respondent Reena Singh were residing separately. In fact, the complainant had neglected the matrimonial home and refused to perform the matrimonial obligations. Her husband was left with no other option but to file a divorce petition under Section 13 of the Hindu Marriage Act before the Family Court and the present FIR was thereafter registered as a counter-blast to the same.