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2021 DAILYLAW 2471 (RAJ)

TRIVIKRAM SINGH RATHORE S/O SHRI DUSHYANT SINGH RATHORE v. STATE OF RAJASTHAN

CRLMP/3784/2021 · 2026-05-02

Anoop Kumar Dhand

body2021

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.3784/2021 Trivikram Singh Rathore S/o Shri Dushyant Singh Rathore, Aged About 46 Years, Resident Of Nayala House Moti Doongri Road, Jaipur (Raj). ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Pallavi Singh W/o Trivikram Singh, Aged About 40 Years, At Present Resident Of Nayala House, Moti Doongri Road, Jaipur (Raj). ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 02/05/2026 1. By way of filing the instant criminal misc. petition, a prayer has been made to quash the impugned FIR No.86/2021 registered with the Police Station Mahila Thana, District Jaipur (East) for the offences punishable under Sections 498-A and 406 IPC. 2. It has been averred in the present petition that on account of a matrimonial disputes between the parties, a divorce petition was submitted by the petitioner against the complainant-respondent for dissolution of their marriage with the complainant and in counter-blast to the aforesaid, the instant impugned FIR has been lodged against the petitioner with false and fabricated allegations. Hence, a prayer has been made for quashing the impugned FIR. 3. Per contra, learned Public Prosecutor opposes the prayer. (2 of 2) [CRLMP-3784/2021] 4. Heard and considered the submissions. 5. Perusal of the allegations levelled in the impugned FIR reveals commission of cognizable offence and the correctness of the allegations cannot be examined or adjudged by this Court while exercising its inherent jurisdiction under Section 482 Cr.P.C. by conducting a fishing and roving inquiry to find out the truth behind the allegations levelled against the petitioner. Certainly, this task has been assigned to the Investigating Officer. 6. Considering the above facts and circumstances of the case, this Court deems it just and proper to dispose of the instant misc. petition, granting liberty to the petitioner to submit an appropriate representation in the form of an application before the Investigating Officer along with documents, upon which he is placing reliance. 7. In case, such representation is submitted by the petitioner before the Investigating Officer, it is expected from the Investigating Officer to consider the same in accordance with law and submit the report of conclusion of investigation under Section 173 Cr.P.C. before the concerned Court. 8. With the aforesaid observations, the instant criminal misc. petition stands disposed of. Stay application as well as all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J KuD/44