ASHOK KUMAR AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners have filed this petition under section 482 of Code of Criminal Procedure, 1973 seeking quashing of the First Information Report No. 506/2014 registered at Police Station Shahpura, Jaipur (Rural), for offences under Sections 406 and 120-B of Indian Penal Code, 1860.

(2.) Learned counsel for the petitioners has submitted that petitioner No. 1 got married to Gayatri @ Priyanka on 01.05.2014. Gayatri @ Prlyanka has committed suicide on 30.07.2014 by consuming poison at Junagadh (State of Gujarat). FIR No. 90/2014 (Annexure-1) was registered against the petitioners under Section 498-A, 306, 304-B Indian Penal Code, 1860 on 01.09.2014 at Police Station Junagadh. Petitioners are facing trial in the said case as challan has been presented in the Court. After investigation of the case, FIR Annexure-1 was got registered by respondent No. 2. However, respondent No, 2 has lodged another FIR Annexure-3 against the petitioners at Police Station Shahpura, Jaipur Rural under Section 406 and 120-B Indian Penal Code, 1860 on 07.11.2014. FIR Annexure-3 was liable to be quashed as the petitioners cannot be criminally proceeded in two cases relating to same cause of action, After thorough investigation of the case, Investigating Agency had presented a negative final report qua FIR Annexure-3. However, Magistrate sent the case for further investigation on irrelevant considerations. In support of his arguments, learned counsel has placed reliance on the decision of this Court in Smt. Narbada Devi and Others v. State of Rajasthan and Another 2016(3) RCC (Raj.) 1273 , wherein it was held as under:

(3.) Learned counsel has further placed reliance on the decision of Hon'ble Supreme Court in Anju Chaudhary v. State of U.P., 2013(6) Supreme Court Cases 384 , wherein it was held as under:-