MAHAVEER PRASAD Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) The petitioner, Mahaveer Prasad, has prayed for quashing of F.I.R., namely F.I.R. No.36/2009, registered at Police Station, Purani Tonk, District Tonk, for offences under Sections 420, 120-B, 341, 323, 354, 372, 464/34 I.P.C.

(2.) Mr. Atul Kumar Jain, the learned counsel for the petitioner, has contended that the petitioner got married to Smt. Sonu, the complainant-respondent No.2, on 11.02.2009 at Arya Samaj Temple. Subsequently, the marriage was duly registered. However, on 22.03.2009, she went to her parental place. Ever since then, she has not returned to him. He tried to get her back. He failed to do so. On 06.09.2009, he filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The said application was allowed by order dated 10.08.2011. Thus, the petitioner is lawfully married husband who is willing to keep her with him.

(3.) But instead on 08.04.2009, the complainant-wife has lodged the present F.I.R. Since the F.I.R. is belied by the fact that they are legally married couple, the allegation levelled in the F.I.R., are patently false against the petitioner. Hence, this Court should interfere.