NAKUL VIRVAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners with a prayer for quashing the F.I.R. No. 90/2014 dated 11.4.2014 pertaining to the Police Station, Gangapur, District Bhilwara for the offence under Sections 498A, 406 I.P.C.

(2.) The complainant-respondent No. 2, wife of the petitioner No. 1 filed a complaint in the Court of Additional Chief Judicial Magistrate, Gangapur, While levelling certain allegations against the petitioners. The said complaint was forwarded to the Police Station for investigation under Section 156(5)d Cr.P.C. and on the basis of which, the impugned F.I.R. has been registered at Police Station, Gangapur, District Bhilwara.

(3.) The learned Counsel for the petitioners has submitted that the respondent No. 2 has filed the complaint only with an intention to harass the petitioners because prior to the filing of the said complaint, the petitioner No. 1 filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights and after service of the notice of the said application, to counter the same, the respondent No. 2 has filed this complaint. It is contended that in fact the allegations levelled in the complaint are false and, therefore, the impugned F.I.R. is liable to be quashed and set aside. The learned Counsel for the petitioners has placed reliance on decision of Hon'ble Supreme Court in State of Haryana and Ors. v. Bhajan Lal and Ors., 1992 SCC (Cri) 426.