VIKAS SAWLANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Aggrieved by lodging of FIR against him, namely FIR No.183/2012, registered at Police Station Khairthal, District Alwar for offences under Sections 498A and 406 IPC, the petitioner, Mr. Vikas Sawlani, has approached this court for quashing of the same.

(2.) The brief facts of the case are that the complainant-wife, Mrs. Manisha Devi, and Mr. Vikas Sawlani were married on 28.3.2009 at Jaipur. After marriage, both the parties started living together in Mumbai. However, within four months of the marriage, disputes erupted between the parties. In December, 2009, Manisha returned from Mumbai and went back to her paternal place at Khairthal, District Alwar. Subsequently, she filed a criminal complaint against the petitioner and his family members before the Judicial Magistrate, First Class, Kishangarhbas, District Alwar. The learned Magistrate sent the complaint for further investigation under Section 156(3) Cr.P.C. On the basis of the said complaint, on 17.6.2010 the Police Station Khairthal registered a formal FIR for offences under Sections 498A, 406 IPC.

(3.) However, after sometime both the parties compromised their differences. On 12.10.2010 they entered into a compromise. Thereafter, Mrs. Manisha Devi submitted an application before the SHO, Police Station Khairthal. Therefore, on the basis of the said compromise, the police submitted a negative Final Report before the learned Magistrate. But despite the compromise entered between the parties and even after Manisha shifted back to Mumbai, the dispute again erupted between the couple. Therefore, Manisha Devi filed a protest petition before the learned Magistrate. By order dated 6.9.2011, the learned Magistrate directed the police to re-investigate the case and to submit its report. Thus, the FIR continues to exist; the investigation continues to be made. Hence, this petition for quashing of the FIR.