ABDUL HAMEED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant petition under Sec. 482 of the Code of Criminal Procedure, 1973 has been preferred on behalf of the accused- petitioner with the prayer for quashing of F.I.R. No. 629/2019 dt.1/11/2019 registered at Police Station Gangapur City District Sawai Madhopur for offences punishable under Ss. 498-A, 406, 323 and 504 of Indian Penal Code.

(2.) Submissions of learned Counsel appearing for the accused-petitioner are that the petitioner has instituted a suit for restitution of conjugal rights before the learned Civil Court, Gangapur City and after issuing notice therein, the complainant-respondent No. 2 lodged the present F.I.R. with the mala fide intention against the petitioner and his family members. The petitioner has also filed a complaint before the Court of A.C.J.M., Gangapur City against the complainant-respondent No. 2 and her family members for offences punishable under Ss. 143, 342, 323 and 382 of I.P.C. The petitioner is residing in the State of Uttar Pradesh for his livelihood and he has already deposited total Rs.stridhan' of complainant-respondent No. 2 at concerned Police Station and the allegations levelled against him are totally false. Hence, the present petition be allowed and the impugned F.I.R. be quashed and set aside.

(3.) Per contra, learned Counsel appearing for the State and the learned Counsel appearing for the complainant-respondent No. 2, have opposed the submissions made herein-above and prayed for dismissal of the petition. Learned State Counsel has also submitted factual report, which is taken on record.