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2015 DIGILAW 514 (RAJ)

K. C. Gulati v. State of Rajasthan

2015-02-25

M.N.BHANDARI

body2015
JUDGMENT : M.N. Bhandari, J. None appears for the respondent No.2 despite service of notice. 2. By this criminal misc. petition, a prayer is made to quash FIR No.89/2012 registered with Police Station - Vaishali Nagar, Jaipur City (South) under section 498A IPC qua petitioner. It is submitted that petitioner is father-in-law and having no nexus with the allegations made in the FIR. The marriage between Dr. Amit Gulati and complainant Dr. Ritu Gulati took place almost 12 years back and after residing with the petitioner's son for long, FIR has been lodged by the complainant alleging offence. Dr. Amit Gulati is residing in Germany not only before marriage but even subsequent to it. 3. So far as petitioner is concerned, he resides at Ambala in Punjab (India) and was never resided with the complainant or with the accused - Dr. Amit Gulati. In view of above, impugned FIR qua the petitioner may be quashed as it does not disclose offence by the petitioner and otherwise it suffers from mala fide. 4. Learned PP has opposed the petition. 5. I have considered the submissions and perused the record. 6. The perusal of the FIR shows allegations against Dr. Amit Gulati for commission of offence under section 498A IPC. He did not inform about his physical condition. The allegations also exist against Dr. (Ms) Amla Batra but FIR against her had already been quashed in SB Cr Misc. Petition No. 4597/2013 vide order dated 30.6.2014. In view of above and taking into consideration entire allegations in the FIR, it deserves to be quashed qua petitioner in the light of the judgment in the case of "Preeti Gupta and anr. v. State of Jharkhand & anr.", AIR 2010 SC 3363 . It is also keeping in mind that larger part of the incidence took place abroad, whereas, FIR has been lodged lately in India. The similar case was decided by the Hon'ble Supreme Court in the case of "Harmanpreet Singh Ahluwalia and ors. v. State of Punjab & ors.", 2009 (3) SCC (Crl) 620. 7. In view of aforesaid, this petition is allowed and impugned FIR is quashed qua the petitioner. This is more so when none is there to oppose this petition on behalf of the complainant.