DALIP KUMAR Vs. STATE

JUDGEMENT

(1.) Instant misc. petition has been filed by the petitioner for quashing of FIR No. 440/2019 registered at Police Station Rawatsar, District Hanumangarh for offence under Sections 498A, 406 I.P.C.

(2.) Learned Counsel for the petitioner submits that the marriage between the petitioner and respondent was solemnized in the year 2009 and after some time, the respondent No. 2 herself left the petitioner and thereafter, she filed divorce petition under Section 13 of the Hindu Marriage Act before filing the FIR in which she has not made any allegation with regard to cruelty or harassment and now this false FIR has been registered against the petitioner to put undue pressure upon the petitioner. Therefore, the FIR may be quashed against the petitioner. Learned Counsel for the petitioner placed reliance on the judgment of Honble Apex Court in the case of Raghuvir Vs. State of Rajasthan and Anr. reported in 2018 (Suppl) Cr.L.R. (SC) 328.

(3.) Per contra, learned Public Prosecutor submits that specific allegation has been levelled against the petitioner in the FIR with regard to harass and demand of dowry, therefore, at this stage, the FIR is not liable to be quashed.