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KULDEEP MATHUR
Sonam Pachori D/o Anit Vyas – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The present criminal misc. petition has been filed by the petitioners seeking the following reliefs:
2. Succinctly stated, facts of the present case are that First Information Report No. 108/2021 (the impugned FIR) was registered against the petitioners at the instance of respondent no. 2 for the offences punishable under sections 420, 406, 384, 388, 389 and 120-B of the IPC. The impugned FIR discloses that respondent No. 2 initiated contact with the petitioner No. 1 through her online marriage profile of an account at jeevansathi.com in the year 2019, wherein the status of the petitioner No. 1 was shown to be a ‘Divorcee’. Petitioner No. 1, on 4.12.2019 came to Jodhpur with her brother Saorabh Vyas (petitioner No. 2), and met with family members of the respondent No. 2. Thereafter, marriage between petitioner No. 1 and respondent No. 2 was finalized. On confirmation of the marriage between them and upon being asked by petitioner No. 1, the respondent No.
The court established that voluntary expenditures made in the context of a relationship, despite misrepresentations, do not constitute cheating unless there is clear evidence of intent to deceive and....
An FIR can be quashed if no case for the commission of an offence is made out from the allegations in the FIR.
Allegations in FIR filed post-divorce petition are retaliatory, warranting quashing of criminal proceedings under inherent jurisdiction due to abuse of process.
At the stage of quashing an FIR, the court should refrain from considering the truthfulness of the allegations and should not exercise powers under Section 482 Cr.P.C. if a case for the commission of....
(1) Rape – In every case of rape, act of sexual intercourse must be forcible and without consent of woman/lady – Consent obtained by fraud amounts to no consent.(2) Misconception of fact – Breach of ....
The court found that allegations of cheating were unfounded as the complainant misrepresented her marital status while the relationship was consensual, reinforcing the principle that misuse of legal ....
The absence of evidence for a valid marriage ceremony negates allegations under Section 494 IPC.
The court held that the evidence provided by the informant, including witness statements and marriage documentation, substantiates the allegations of cruelty and fraud against the petitioner.
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