SUNIL SARATKAR Vs. STATE OF M,P,
LAWS(MPH)-2016-11-53
HIGH COURT OF MADHYA PRADESH
Decided on November 25,2016

Sunil Saratkar Appellant
VERSUS
State Of M,P, Respondents


Referred Judgements :-

STATE OF HARYANA VS. BHAJAN LAL [REFERRED TO]


JUDGEMENT

- (1.)The petitioners, who are husband, father-in-law, mother-in-law, brother-in-law (Jeth) and sister-in-law (Jetani) of Jyoti Saratkar (respondent no.2), have preferred this petition under Section 482 of Cr.P.C for quashment of First Information Report bearing crime No.0124/2016, Police Station- Mahila Thana, Indore, which has been registered on the basis of written complaint made by Jyoti Saratkar (respondent no.2)
(2.)The written complaint made by Jyoti Saratkar (respondent no.2) to police runs as under: JUDGEMENT_53_LAWS(MPH)11_2016.jpg
The law with regard to quashment of F.I.R, which is by now well settled after the pronouncement of apex Court in State of Haryana and Others vs. Ch. Bhajan Lal, AIR 1992 SC Page 604, is that if, even after accepting all the allegations made in F.I.R at their face value, necessary ingredients to constitute the alleged offence are not made out, then it will be a fit case for quashment of F.I.R. Considered on the touch-stone of the above dictum of law, it is found that the allegations made in the aforesaid written complaint, if accepted in their entirety at their face value, prima-facie necessary ingredients to constitute an offence under Section 498(A) are made out. Therefore, in the considered opinion of this Court, this is not a fit case for quashment of F.I.R.
Accordingly, the petition is dismissed in limine.


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