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2013 Supreme(Raj) 1120

SANDEEP MEHTA
Samsudeen – Appellant
Versus
State of Rajasthan Anr. – Respondent


Advocates:
For the Petitioner:Abhishek Charan, Advocate.
For the Respondent-State: Chandralekha, Public Prosecutor.
For the Respondent No. 2:Umesh Srimali, Advocate.

JUDGMENT

1. - Heard learned counsel for the parties.

2. The instant misc. petition has been preferred by the petitioners seeking quashing of F.I.R. No. 95/2012 registered against them at the instance of the respondent no. 2 at P.S. Deedwana for the offence under Section 498A IPC.

3. Learned counsel for the petitioners submits that the petitioner no. 1 and the complainant were married way back in the year 1965. Thereafter, the petitioner Samsudeen contracted a second marriage as per Muslim Customs & Usages in the year 1977. The complainant started living separately from him in the year 1990. He further submits that the parties never interacted after the year 1990. He further contends that ex-facie even if the allegations as levelled in the FIR impugned are considered to be true at the highest, then too the same does not disclose the necessary ingredients of the offence under Section 498A I.P.C. He thus prayed that the FIR impugned deserves to be quashed.

4. Per contra, learned Public Prosecutor as well as learned counsel for the complainant/respondent no. 2 vehemently opposed the arguments advanced on behalf of the petitioners. They admitted that it was true that the complainant is liv









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