Petitioners sought quashing of FIR under IPC 498-A and 494. After recording police report stating offence under 494 IPC was proved while 498-A was not, the court held the petition became infructuous and dismissed it.
Quashing of FIR No.13/2023 dismissed; stay application dismissed.
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[2023/RJJD/012697]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 779/2023
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Anuj Sahlot For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
01/05/2023
The instant misc. petition has been filed by the petitioners for quashing of FIR No.13/2023, Police Station Sukher, District Udaipur for offences under Sections 498-A & 494 of IPC.
Learned Public Prosecutor has submitted a report dated 29.04.2023 received from the SHO, Police Station Sukher, District Udaipur, wherein it has been mentioned that after thorough
[2023/RJJD/012697]
[CRLMP-779/2023]
(2 of 2)
investigation, after thorough investigation Police did not proved the offence against the petitioners under Section 498-A IPC but offence under Section 494 IPC has been proved against them. The said report is hereby taken on record.
In view of the aforesaid facts and circumstances, the present misc. petition has become infructuous and dismissed accordingly. Stay application also stands dismissed.
(MANOJ KUMAR GARG),J
19-raksha/-
1 issue framed by the court
Whether a quashing petition under Section 482 CrPC becomes infructuous when police report admits proof of Section 494 IPC offence against petitioners.
2 provisions across 1 enactments
Harish Teli S/o Purushottam Suwasiya
Purushottam Suwasiya S/o Heerala Ji
Smt. Sukhi Bai W/o Purushottam Suwasiya
Vijay Teli S/o Purushottam Suwasiya
State Of Rajasthan
Smt. Teena Suwasiya W/o Harish Teli
MANOJ KUMAR GARG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
