Rajendra Kumar And Ors vs State Of Rajasthan And Ors

The petitioners have preferred this criminal misc. petition under Section 482 Cr.P.C. seeking quashing of FIR No.48/2018 registered at Police Station Mahila, Barmer for the offence under Sections 498A, 323, 342 & 406 of IPC.

Brief facts of the case are that the complainant/ respondent no.2 is wife of the petitioner no.1. The parties are in litigation and proceedings under Section 125 Cr.P.C. and under Section 13 of the Hindu Marriage Act are going on. Another F.I.R. No.429/2018 is also under investigation at P.S. Kotwali, Barmer registered at the instance of the petitioner no.1.

Learned counsel for the petitioners submits that the petitioners may be permitted to move a representation along with all relevant documents before the I.O. bringing all the facts to his notice.

Learned Public Prosecutor assures this Court that if the petitioners submit a representation alongwith all the necessary documents before the concerned investigating authority within a period of fifteen 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 along with all the 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 unnecessary hardship to the accused, who deserves a basic opportunity of explaining their 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 petitioners, 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.