Farid S/O Shri Mohammed Ismile vs State Of Rajasthan
2021 Latest Caselaw 6913 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous (Petition) No. 7096/2021

Farid S/o Shri Mohammed Ismile, R/o Monsoon Ward No. 31 Of
Ansario, Kotwali, Tonk.
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Public Prosecutor.
2.      Victim D/o Sardar Ahmed, R/o Kachahari, Tonk, P.S.
        Kotputli, District Tonk
                                                                ----Respondents

For Petitioner(s) : Mr. Govind Sharma For Complainant(s) : Mr. M.P. Khandelwal For State : Mr. Shyam Prakash Sharma, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

25/11/2021

1. Petitioner has preferred this misc petition seeking quashing

of FIR No.376/2020 registered at Police Station Kotwali, Tonk.

2. It is contended by counsel for the petitioner that prosecutrix

is wife of the petitioner. The Nikah took place on 06.07.2020. FIR

was lodged on 25.11.2020.

3. Complainant respondent No.2 along with her counsel is

present in court and has not disputed the fact of being wife of the

petitioner and the fact that she entered into Nikah with the

petitioner. She stated before the Court that some video was made

viral and she lodged the FIR. She does not wish to proceed this

case against her husband and has no objection to quash the FIR.

4. I have considered the contentions.

(2 of 2) [CRLMP-7096/2021]

5. Victim-respondent no. 2 stated that she has entered into

Nikah. A Nikahnama has been produced before Court. The offence

under Section 376 is not made out, as the respondent is wife of

the petitioner. She does not wish to proceed further in the FIR, I

deem it proper to allow the misc. petition.

6. Hence, the misc. petition is allowed. Proceedings pending in

FIR No.376/2020 registered at Police Station Kotwali, Tonk is

quashed.

7. Stay application stands disposed.

8. A copy of this order be sent to the concerned S.H.O.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /57

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