SIDDHARTH ASWAL Vs. STATE AND ANOTHER

JUDGEMENT

(1.) This Misc. Petition under Section 482 Cr.P.C. has been filed for quashing of FIR No.204/2012 u/ss 498A and 406 IPC registered at Mahila Thana, Jaipur City (West).

(2.) The contention of the petitioner is that FIR has been registered on incorrect, baseless and hypothetical facts and whole family of the present petitioner who is husband of the complainant has been dragged in the FIR. Earlier the complainant has also moved an application which was inquired and it was found that complainant has resided at Udaipurwati only for one day. Present petitioner has moved representations to authorities and this FIR has been lodged just to harass the petitioner. He is ready to keep complainant hence proceeding instituted by way of FIR be quashed.

(3.) Per contra, the contention of counsel for the complainant and learned Public Prosecutor is that specific allegations have been lodged in FIR as regards cruelty, demand of dowry and misappropriation of Stridhan. Earlier complaint of the petitioner was not properly inquired and whether she remained in Udaipurwati or not is not a relevant consideration qua the present petitioner as he is husband of the complainant and the fact cannot be disputed that they resided together at Ajmer and other places. The factual report has also been placed by the learned Public Prosecutor that present petitioner is not co-operating with the investigation and Stridhan has also to be recovered.