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2021 Supreme(Raj) 659

IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Roshan Bihani - Appellant
Versus
Madhuri Bihani - Respondent
Criminal Miscellaneous (Petition) No. 4951 of 2019
Decided on : 05-08-2021

Advocates appeared:
Manju Singh, Advocate, S.K. Bhati, Advocate

The court has the power to quash FIRs under Section 482 of the CrPC if it deems the petition to be infructuous.

Headnote:

Section 482 CrPC - Quashing of FIR - The court disposed of the petition seeking quashing of the FIR as the investigation was concluded and a negative final report was submitted.

Fact of the Case:

The petitioner sought quashing of the FIR registered for offences under Sections 406 and 420 IPC.

Finding of the Court:

The court found that the investigation was concluded and a negative final report was submitted, rendering the petition infructuous.

Issues: Petition seeking quashing of FIR under Section 482 CrPC.

Ratio Decidendi: The court disposed of the petition as the investigation was concluded and a negative final report was submitted.

Final Decision: The petition seeking quashing of the FIR and the stay application were both disposed of by the court.

JUDGMENT

Sandeep Mehta, J. - The petitioner herein has approached this Court through this misc. petition under Section 482 CrPC seeking quashing of the FIR No.449/2019 registered at the Police Station Mahamandir, Jodhpur for the offences under Sections 406 and 420 IPC.

2. Learned Public Prosecutor has placed on record the IO's factual report as per which, investigation was concluded and a negative final report has been submitted in the court concerned.

3. In this view of the matter, nothing survives for consideration of this Court in this misc. petiton which is disposed of as infructuous. The stay application is also disposed of.

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