HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.4170/2019 Mohd. Shahid Khan S/o Shri Babu Khan, Aged About 29 Years, R/o House No.67, Aabad Nagar, Bnadhya Mod, Luniyawas, Goner Road, Jaipur, Raj. ----Petitioner Versus 1. State Of Rajasthan, Through Pp. 2. Smt. Jeba Khan D/o Shri Shakil Ahmed, W/o Mohd. Shahid B/c Musalman, Aged About 22 Years, R/o House No.13, Makka Colony, Jhotwara, Jaipur, Raj. ----Respondents For Petitioner(s) : Mr. Umesh Vyas For Respondent(s) : Mr. Narendra Singh Dhakar, PP JUSTICE ANOOP KUMAR DHAND Order 24/04/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned FIR No.199/2019 registered with Police Station Mahila Thana, District Jaipur (West) for the offences punishable under Sections 498A, 406 and 323 IPC. 2. It has been averred in the instant petition that the impugned FIR has been lodged by the respondent-complainant against the petitioner based on false and incorrect facts. It has also been averred in the petition that the respondent-complainant left her matrimonial home on 19.07.2018. Thereafter, the petitioner submitted an application before the Family Court, Jaipur for restitution of conjugal rights wherein notice was issued to the (2 of 3) [CRLMP-4170/2019] complainant-respondent and in counter blast to the aforesaid application, the impugned FIR has been lodged. Learned counsel submits that under such circumstances, registration of the impugned FIR amounts to abuse of the process of law, hence, the same deserves to be quashed and set-aside. 3. Per contra, learned Public Prosecutor opposed the prayer and submitted that after investigation, the police has found prima facie case against the petitioner and has accordingly submitted charge-sheet against him under Sections 498-A and 406 IPC before the court of Metropolitan Magistrate No.20, Jaipur Metropolitan-II, Jaipur on 19.11.2019. Hence, under these circumstances, the relief sought for should not be granted. 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. Perusal of the allegations levelled in the impugned FIR reveals commission of cognizable offence. The correctness of the allegations cannot be examined by this Court while exercising inherent powers contained under Section 482 Cr.P.C. This Court cannot conduct roving and fishing enquiry to find out the truth behind the allegations levelled against the petitioner. Certainly, this task has been assigned to the Investigating Officer, who has already found prima facie case against the petitioner, and therefore, charge-sheet has been submitted against him for the above stated offences. 6. In the considered opinion of this Court, the petitioner would be at liberty to take all available defences, which have been taken before this Court at the appropriate stage of the trial before the Trial Court. (3 of 3) [CRLMP-4170/2019] 7. Accordingly, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. 8. The factual report dated 07.04.2026 so furnished by SHO, Police Station Mahila Thana, District Jaipur (West) is ordered to be taken on record. (ANOOP KUMAR DHAND),J Karan/66