Smt. Shivdei Wife Of Shri ... vs State Of Rajasthan
2021 Latest Caselaw 4067 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 4850/2021

Smt. Shivdei Wife Of Shri Chandrabhan Singh And Anr.
                                                                 ----Petitioners
                                   Versus
State Of Rajasthan
                                                                ----Respondent

For Petitioner(s) : Mr. Brij Mohan Sharma For Respondent(s) : Mr. Ganesh Saini, P.P.

HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

Order

26/08/2021

1. This petition has been filed under Section 482 Cr.P.C for

quashing of FIR No.373/2021 registered at Police Station Kumher,

District Bharatpur for the offences under Sections 498-A, 406,

323, 504 and 506 IPC.

2. Heard learned counsel for both the sides and perused the

material made available on record.

3. Learned counsel for the petitioners submits that the present

FIR has been lodged with totally false and fabricated allegations.

An application for divorce by mutual consent between the

complainant and the petitioners' son is pending for adjudication.

The present FIR qua the present petitioners deserves to be

quashed and in the meanwhile, further proceedings in the FIR qua

the petitioners should be stayed with interim protection to the

petitioners from any sort of coercive action.

4. Learned Public Prosecutor has opposed the petition.

5. Heard. Considered.

(2 of 2) [CRLMP-4850/2021]

6. In view of the recent judgment of Hon'ble Supreme Court in

M/s Neeharika Infrastructure Private Limited vs. State of

Maharashtra [2021 SCC OnLine SC 315] the impugned FIR

cannot be quashed at this juncture but the Investigating Agency is

duty bound to conduct the investigation in fair manner strictly in

accordance with law without being influenced by any extraneous

consideration, therefore, keeping in view the peculiar

circumstances of the case and to enable the accused-petitioners to

put-forth their case during the course of investigation, it is

directed that the petitioners shall appear before the Investigating

Officer and may submit appropriate representation for

consideration as per law within seven days from today and till

then they shall not be arrested, however, the Investigating Officer

shall be free to arrest the petitioners thereafter, if so required

subject to bail order, if any.

7. Needless to say that in case of apprehension of arrest, the

petitioners may seek anticipatory bail, if so advised.

8. Learned Public Prosecutor is directed to procure latest status

report of the investigation by the next date positively.

9. List the matter on 05.10.2021.

(SATISH KUMAR SHARMA),J

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