VIJAY AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State and so also counsel for complainant and perused the material on record.

(2.) A complaint was filed by complainant Neetu Agrawal on 29th August, 2007 which was sent for investigation u/s. 156(3) Cr.P.C.-on which FIR has been registered against petitioner and his family members for offence u/ss. 498-A, 406 & 120-B IPC, on 1st September, 2007.

(3.) Counsel submits that marriage between petitioner & complainant took place on 20th February, 1996 and they are having two minor children from this wedlock. The complainant without any cause left her matrimonial home on 5th May, 2006 and almost more than a year and three months, thereafter, instant complaint has been filed-on which FIR has been registered against petitioner and their family members. Counsel further submits that even from bare perusal of FIR, which has been reproduced in the bail application, no case u/s. 498-A IPC is made out and there is no cruelty which at all can be attributed to the petitioner as well. The divorce petition is pending before Family Court filed by him u/s. 13 of Hindu Marriage Act and other matrimonial disputes are also pending between them. Even after investigation, the Investigating Officer has also submitted a report which supports the case of present petitioner and no recovery is to be made so far as Section 406 PC is concerned.