Rajasthan High CourtIrshad Ali S/O Shri Liyakat Ali B/C ... vs State Of Rajasthan on 17 December, 2018HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 6137/2018

Irshad Ali S/o Shri Liyakat Ali B/c Musalman
                                                      ----Petitioner
                               Versus
State Of Rajasthan & Anr.
                                                  ----RespondentsFor Petitioner(s)      :    Mr. Rajesh Kumar Sharma
For Respondent(s)      :    Mr. Sajid Ali &
                            Mr. Virendra Godara, PP



  HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

                               Order

17/12/2018

           Present petition has been filed underSection 482Cr.P.C. seeking quashing of FIR No.512/2018 dated       04.09.2018

registered at Police Station Malviya Nagar, Jaipur City East(Raj.)

for offences underSections 323,341,420,384,354,376,377,295-Aand120-BIPC.This court on 29.09.2018 had passed the following

order:-"The learned counsel appearing for the
          petitioner contends that the respondent No.2 -
          Divya was married with petitioner - Irshad Ali
          vide 'Nikahnama' (Annexure-3). Counsel further
          contends that during subsistence of marriage,
          respondent No.2 gave birth to a child of the
          petitioner. In support of the same, the petitioner
          has relied upon birth certificate (Annexure-4).
          Lastly, counsel submits that after performance of
          marriage on 31.12.2016 and birth of child, false
          allegation has been levelled that the petitioner
          was blackmailing the respondent No.2 and she
          was compelled to sign 'Nikahnama' and establish
          sexual relationship with the petitioner.Issue notice to the respondents, for
          17.12.2018.(2 of 2)                        [CRLMP-6137/2018]


                                                        Meanwhile, the further proceedings
                                              arising out of impugned F.I.R. shall remain
                                              stayed."Today, respondent No.2 Divya Moolchandani, is present

                                   in court along with her counsel Mr. Sajid Ali. Mr. Sajid Ali identified

                                   Divya Moolchandani respondent No.2.Divya Moolchandani respondent No.2 has stated that

                                   during pendency of the proceedings, husband wife have resolved

                                   their matrimonial dispute and now she is living happily with her

                                   husband petitioner Irshad Ali. She has prayed that for the sake of

                                   child, present petition be accepted and the impugned FIR along

                                   with all subsequent proceedings be quashed.Considering that the matrimonial dispute has been

                                   amicably resolved, the present petition is accepted, in view of

                                   judgment B.S. Joshi Vs. State of Harayana, reported in

                                   [(2003) 4 S.C.C. 675], relied by counsel for the parties.Consequently, the present petition is accepted and the

                                   impugned FIR along with all subsequent proceedings is quashed.(KANWALJIT SINGH AHLUWALIA),J

                                   Heena/10




Powered by TCPDF (www.tcpdf.org)