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2019 DIGILAW 151 (JHR)

Arunwati Devi @ Arunati Tiwari v. State Of Jharkhand

2019-01-16

SHREE CHANDRASHEKHAR

body2019
JUDGMENT Shree Chandrashekhar, J. - The petitioners seek quashing of the entire criminal proceeding arising out of Sukhdeo Nagar P.S.Case No.591 of 2017 which has been instituted for the offences under sections 341, 323, 504, 506 read with section 34 IPC. 2. It is stated that the investigation in Sukhdeo Nagar P.S.Case No.591 of 2017 is still in progress. 3. The learned APP on the basis of the information available on e-Courts services states that the matter is pending awaiting Final Form/charge-sheet. 4. Plea urged on behalf of the petitioners is that the First Information Report has been lodged by the informant with mala-fide intention to wreck vengeance on the petitioners. The learned counsel for the petitioners submits that after Title Suit No.51 of 2007 filed for specific performance of agreement dated 28.12.2005 was dismissed, not only the informant has instituted Partition Suit No.61 of 2010, to put pressure on the petitioners she has instituted the present criminal proceeding. 5. After arguing for sometime, the learned counsel for the petitioners seeks permission to withdraw this quash-petition with liberty to the petitioners to raise all such plea which are available to them in law at the time of framing of charge. 6. In view of the limited prayer made on behalf of the petitioners without commenting on merits of the matter, Cr. M.P. No.998 of 2018 stands withdrawn with liberty to the petitioners, as prayed for. Additionally, the petitioners may appear before the Investigating Officer within four weeks and submit the documents which in their opinion would assist the Investigating Officer in arriving at a correct conclusion.