MUNNA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This miscellaneous petition has been filed against the order dtd. 9/7/2012 passed by Additional Sessions Judge, Gangapur City, District Sawai Madhopur, dismissing the revision filed by petitioner/s against the order dtd. 20/7/2007 of Judicial Magistrate (First Class), Gangapur City passed in Criminal Case No. 119/2007, dismissing the negative final report submitted in FIR No. 269/2005 registered with Police Station Vazeerpur, District Sawai Madhopur and took cognizance against the petitioner/s for offences under Ss. 498, 420, 406 and 120-B of I.P.C.

(2.) It has been contended by learned counsel for the petitioner that petitioner has wrongly been saddled, he has not committed any offence, the couple has even reconciled and their marriage is annulled by a mutual divorce petition, sheer role of the petitioner is stated to be of a intermediary in settling the marriage, even the main FIR pertaining to the matrimonial dispute, has been quashed, referring para 7 of the divorce petition it has been argued that the couple had agreed that nothing adverse shall be proceeded with in respect of the questioned FIR No. 269/2005, so also there is no reason to proceed with the FIR, it is not tenable in the eye of law since no offence is made out, so the petition be allowed and order/s impugned be quashed.

(3.) Learned counsel for the respondent has opposed the contentions raised by learned counsel for the petitioner and has submitted that the revisional court has dealt with the facts thoroughly and the trial court is obliged to observe constitution of the offence at prima facie stage and each and every aspect is not necessary to be dealt with at the time of resorting to cognizance, prima facie evidence is enough to take cognizance, there is no infirmity in the order impugned, petition lacks merit, so it be dismissed.