Nagendra Parihar vs State Of Rajasthan
2021 Latest Caselaw 16923 Raj

(1 of 2) [CRLMP-5143/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5143/2021

Nagendra Parihar S/o Moti Lal Parihar, Aged About 33 Years, 69/3, Behind New Kohinoor, Masuriya, Deonagar, Jodhpur City West, Jodhpur.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Vandana W/o Nagendra Parihar, 238, Ramdev Road, Masuriya, Deonagagar, Jodhpur City West, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Ratish Bhatnagar For Respondent(s) : Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

12/11/2021

The present misc. petition has been filed for quashing of the

FIR No.84/2021 registered at Police Station Mahila Thana, Jodhpur

City West, Jodhpur for the offences under Sections 498-A, 406,

323, 494 IPC.

Learned counsel for the petitioner submits that the marriage

of the petitioner was solemnized with respondent No.2 on

23.11.2011. Thereafter, the parties got separated and are living

separately from 30.04.2018. Admittedly, the FIR was filed on

2.7.2021. Thus, in the light of the judgment of the Hon'ble

Supreme Court in Kamlesh Kalra Vs. Shilpika Kalra & Ors. In

Criminal Appeal No.416 of 2020 decided on 24.4.2020, the

Hon'ble Supreme Court held as under:-

(2 of 2) [CRLMP-5143/2021]

"As regards, the finding recorded by the High Court in respect of complaint/FIR filed under Section 498A IPC, we are of the firm opinion that the same does not call for interference. In the facts of this case, it is clear that the FIR filed in this regard in 2015 was time barred, having been filed much more than three years after the separation of Manish Kalra (husband) and Shilpika Kalra (wife) and the filing of the divorce petition by the husband, both in 2009. In the facts of the case, the reasons given by the High Court for quashing the proceedings under section 498A IPC are justified and do not call for interference by this Court."

Thus, learned counsel for the petitioner submits that the

proceedings under Section 498-A IPC against the petitioner may

kindly be quashed as barred by limitation.

In the circumstances, this Court is of the view that since the

matter is pending consideration before the learned trial court, the

trial court is directed to consider the facts enumerated

hereinabove at the time of framing of the charge and if the trial

court comes to the conclusion that the offence under Section 498-

A IPC is not made out being barred by limitation, then same may

be dropped at the time of framing of charge.

The misc. petition is accordingly disposed of.

(VINIT KUMAR MATHUR),J

28-praveen/-

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