Kritesh Panchal & Ors. vs State & Anr.

The matter comes up on an application seeking correction in the order dated 11.02.2019 (wrongly typed as 11.02.2018) passed by this Court in S.B. Criminal Misc. Petition No.748/2019.

For the reasons mentioned in the application, the same is allowed and the order dated 11.02.2019 is substituted by the following :-

The petitioners have preferred this misc. petition under Section 482 of Cr. P.C. for quashing of FIR No.12/2019 lodged qua them at P.S. Mahila Thana, Banswara for the offence under Sections 498-A, 406 and 323 IPC.

The instant matter pertains to matrimonial dispute.. Counsel for the petitioner has shown registered notice dated 03.8.2018 given to wife for restitution of conjugal rights, which resulted in spilling over the issue and in counterblast to that the complainant filed FIR No.12/2019 at P.S. Mahila Thana, Banswara levelling false and frivolous allegations against the petitioners just to harass and humiliate them in society.

Learned counsel for the petitioners submit that the petitioners want to submit a representation alongwith all the relevant documents before the concerned investigating authority to redress their issue.

Learned Public Prosecutor assures this Court that if the petitioners submit a representation alongwith all necessary documents before the concerned investigating authority within a period of ten days from today, then the same shall be considered and decided strictly in accordance with law, before completing the investigation.

In light of the aforesaid assurance given by learned Public Prosecutor, the present misc. petition is disposed of with a direction to the concerned investigating authority that in case the petitioners submit a representation alongwith all necessary documents before it within a period of ten days from today, then the same shall be considered and decided before completing the investigation, strictly in accordance with law and as per the assurance given by the learned Public Prosecutor.

In the peculiar facts of the case, it would be appropriate to grant protection from arrest to the petitioners as it will be a waste of energy and resources of the Police Department to run after the accused to complete the related investigation and without protection it would also cause un-necessary hardship to the accused, who deserves a basic opportunity of explaining his case before the Investigating Authority without fear of arrest. The Investigating Officer, however, shall have the liberty of custodial interrogation after giving 15 days' notice before arrest if required. In the interest of justice and the facts and circumstances noted by this Court, the limited protection is justified. Therefore, if during the investigation, the concerned investigating authority needs to arrest the petitioner, then the petitioners shall be given 15 days' notice before making such arrest. The petitioners shall be required to join the investigation. The petitioners shall be at liberty to approach this Court again, in case need arises.

The aforementioned order dated 11.02.2019 shall be read accordingly.