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2017 DIGILAW 1851 (RAJ)

Sharwan Ram Jat v. State of Rajasthan

2017-08-17

PUSHPENDRA SINGH BHATI

body2017
ORDER : Pushpendra Singh Bhati, J. The petitioners have preferred this misc. petition under Section 482 Cr.P.C., 1973 for quashing of FIR No. 11/2009 lodged against the petitioners at Police Station Degana, District Nagore for the offences under Sections 498-A & 406 of IPC. 2. Learned counsel for the petitioners has shown from the record the FIR No. 247/2008 dated 27.12.2008 in which in para No. 3, the date of incident is stated to be of 27.12.2008. It is also shown from the record of the FIR No. 11/2009 in which, in para No. 3, the date of incident is narrated is 27.12.2008. 3. Learned counsel for the petitioners has stated that it is an admitted position that challan has been filed in earlier FIR No. 247/2008 and the trial is going on. It is further stated that the on the same date, two matrimonial offences have been preferred by the respondents and it is on the face of it was improbable, it falls within the criteria of precedent law of State of Haryana v. Ch. Bhajan Lal & Ors. 1992 Supp.(1) SCC 335 to quash criminal proceedings. 4. Learned counsel for the petitioner has relied upon the judgment of T.T. Antony v. State of Kerala laid down by Hon'ble Apex Court. 5. Learned Public Prosecutor has opposed the submissions but did not refute the fact that the date of incident in both the FIRs was 27.12.2008. 6. After hearing learned counsel for the parties and perusing the record of the case, this Court on the face of it had found that the impugned FIR is simply an abuse of process of law and there cannot be two FIRs arising out of the marital discord of the same date i.e. 27.12.2008. 7. In light of the aforesaid discussion, the misc. petition is allowed and the FIR No. 11/2009 registered at Police Station Degana, District Nagore is quashed and set aside qua the petitioners.