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2008 Supreme(Online)(KER) 9870

HIGH COURT OF KERALA
R.BASANT, J
V RAJAN – Appellant
Versus
SAUDAMINI AND ANOTHER – Respondent


ORDER

The petitioner has come to this Court with this petition under Sec.482 Cr.P.C. with a prayer that the FIR registered against him alleging commission of the offences punishable under Secs.498A, 406 and 323 IPC may be quashed. The said FIR is registered on the basis of a complaint filed by the 1st respondent – his wife, before the learned Chief Judicial Magistrate, Manjeri, and forwarded to the police under Sec.156(3) Cr.P.C. A crime has been registered. Investigation is in progress. The petitioner, it is submitted in the course of discussions at the Bar, had already approached the bail Bench of this Court for anticipatory bail and the said prayer for anticipatory bail has been turned down. The petitioner has, in these circumstances, come to this Court for quashing of the FIR.

2. What is the reason? The learned counsel for the petitioner submits that all the allegations raised are totally false. It is next contended that the private complaint now filed is belated as the complaint is filed long after the specific incidents referred to in the complaint took place. Thirdly, it is contended that the private complaint has been filed as a counter blast to a petition for divorce filed b

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