KANWALJIT SINGH AHLUWALIA,J. - (1.) S.B. Criminal Misc. Petition No. 1049/2011, Dinesh Shartna v. State & Anr., S.B. Criminal Misc. Petition No. 1040/2011, Rekha @ Poonam v. State of Rajasthan & Anr., and S.B. Criminal Misc. Petition No. 1329/2011, Smt. Pushpa Devi v. State & Anr., shall be decided together by way of a common order.
(2.) All the three petitioners are named as accused in F.I.R. No. 103/2010 registered at Woman Police Station, District Hanumangarh for the offences under Sections 498-A, 406 and 323 I.P.C. The petitioners being accused in the above said F.I.R. have sought quashing of F.I.R. and the order dated 23.10.2010 passed by the Judicial Magistrate, First Class, Hanumangarh whereby cognizance was taken against the petitioners for the above said offences. The petitioners have also prayed for setting aside the order dated 22.4.2011 passed by the Revisional Court below whereby the order passed by the Magistrate was affirmed.
(3.) The facts have been succinctly pul in the order dated 25.7.2011 issuing notice in S.B. Criminal Misc. Petition No. 1049/2011, Dinesh Sharma v. State of Rajasthan and Anr., and S.B. Criminal Misc. Petition No. 1050/2011, Rekha @ Poonam v. State and Anr. The order dated 25.7.2011 reads as under: "Heard. Learned counsel for the petitioner submits that in view of the dictum of the Hon'ble Apex Court in the case of Preeti Gupta and Ors. v. State of Jharkhand and Ors. reported in 2010 Cr.L.R. (Supreme Court) P. 821, this prosecution is totally malicious. The petitioner Dinesh Sharma is Mausa Sasaur of the complainant whereas the petitioner Rekha @ Poonam is Nanad of the complainant. They have falsely been implicated in this case though they have never resided with the complainant after marriage. Having regards the arguments advanced at bar and after having perused the order of both the Courts below, it appears to a case, which requires consideration. Admit. Issue notice. In the meantime, the proceedings in the trial Court qua the petitioners shall remain stayed. It is made clear that the proceedings as against other co-accused shall continue." ;