SHARWAN RAM JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have preferred this misc. petition under Section 482 Cr.P.C., 1973 for quashing of FIR No. 11/2009 lodged against the petitioners at Police Station Degana, District Nagore for the offences under Sections 498-A and 406 of IPC.

(2.) Learned counsel for the petitioners has shown from the record the FIR No. 247/2008 dated 27.12.2008 in which in para No. 3, the date of incident is stated to be of 27.12.2008. It is also shown from the record of the FIR No. 11/2009 in which, in para No. 3, the date of incident is narrated is 27.12.2008.

(3.) Learned counsel for the petitioners has stated that it is an admitted position that challan has been filed in earlier FIR No. 247/2008 and the trial is going on. It is further stated that the on the same date, two matrimonial offences have been preferred by the respondents and it is on the face of it was improbable, it falls within the criteria of precedent law of State of Haryana v. Ch. Bhajan Lal and Ors. 1992 Supp.(1) SCC 335 to quash criminal proceedings.