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2023 Supreme(Raj) 1874

CHANDRA KUMAR SONGARA
Abdul Hameed – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Hari Krishana Sharma, Advocate.
For the Respondent:Mr. M.K. Sheoran, Public Prosecutor, Mr. D.K. Dixit, Advocate for complainant.

ORDER :

Chandra Kumar Songara, J.

Instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred on behalf of the accused-petitioner with the prayer for quashing of F.I.R. No.629/2019 dt.01.11.2019 registered at Police Station Gangapur City District Sawai Madhopur for offences punishable under Sections 498-A, 406, 323 & 504 of INDIAN PENAL CODE .

2. Submissions of learned counsel appearing for the accused-petitioner are that the petitioner has instituted a suit for restitution of conjugal rights before the learned Civil Court, Gangapur City and after issuing notice therein, the complainant-respondent No.2 lodged the present F.I.R. with the mala-fide intention against the petitioner & his family members. The petitioner has also filed a complaint before the Court of A.C.J.M., Gangapur City against the complainant-respondent No.2 & her family members for offences punishable under Sections 143, 342, 323 and 382 of I.P.C. The petitioner is residing in the State of Uttar Pradesh for his livelihood and he has already deposited total 'stridhan' of complainant-respondent No.2 at concerned Police Station and the allegations levelled against him are totally false.

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