YASHPAL SINGH CHOUHAN Vs. STATE

JUDGEMENT

(1.) Instant misc. petition has been filed by the petitioners for quashing of FIR No. 25/2019 registered at Police Station Mahila Thana, Jodhpur City (West) for offences under Sec. 498A, 406, 323, 354, 376/511 IPC.

(2.) Counsel for the petitioners submits that the entire family of the petitioners and so also persons in remote relationship have been implicated by the complainant whereas, no specific role has been assigned to any of the petitioners. It is submitted that petitioner No. 2 had sent legal notice to the respondent No. 2 for restitution of conjugal rights and as a counterblast the respondent No. 2 complainant has filed the FIR. It is argued that the entire dowry articles have been deposited by the petitioners before the police, therefore, the FIR lodged against the petitioners may be quashed.

(3.) Per contra, learned Public Prosecutor submits that in the FIR specific allegation has been levelled against the petitioners. Further the dowry articles have to be recovered from the possession of the petitioners. It is submitted that the police after thorough investigation has exonerated the petitioners Nos. 3, 4, 5, 6 and 7 but has found prima facie case proved against the husband, petitioner No. 1 Yashpal Singh Chouhan, petitioner No. 2 Smt. Pushpa therefore, no case for quashing of FIR is made out.