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1992 Supreme(Raj) 146

V.S.DAVE
Harpal Singh – Appellant
Versus
State of Rajasthan (138) – Respondent


Advocates Appeared:
D.P. Chadha Advocate, for Petitioner S.R. Yadav, Public Prosecutor

DAVE, J.—This application has been filed by the petitioners for quashing the proceedings in criminal case No. 67/91 pending in the court of Addl. Chief Judicial Magistrate No. 6, Jaipur City, Jaipur. Petitioner No. 1 was married to non-petitioner No. 2 at Jaipur on 10.10.1986. After about 2 1/2 years of the marriage, the relations strained and on 30.12.89 non-petitioner No. 2 lodged a report against the petitioner Harpal Singh in Mahila Thana, Jaipur, which was registered as F.l.R. No. 89/89 for offences under Ss. 498A and 406 I.P.C. and a case was registered.

(2) During the pendency of the investigation non-petitioner No. 2 filed an application before the Circle Officer of Mahila Thana on 14.2.1990 that she had filed the complaint in moment of emotions and sentiments and does not want to take further action on her report. She wrote in the application that she has received back all the belongings from her husband and they have also filed petition for dissolution of marriage by mutual consent. Alongwith the application, she filed copy of the receipt of the goods she had received and copy of the divorce petition. Police, after satisfying itself, submitted a final report No. 5/90 on 19


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