S.B. Criminal Misc. Petition No.2374/2009 Prashant K.Badarya Vs. Smt. Neetu Badarya and Anr. Dated : 27.01.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr.Prakash Thakuriya, for the petitioner. Mr. Javed Choudharay, PP for the State. Mr. Pradeep Mathur for respondent No.1. *** By way of this criminal misc. petition filed under Section 482 of Cr.P.C. the petitioner has prayed to quash FIR No.51/2009 registered in the offence u/s 498A, 406, 323 and 120-B of IPC by Police Station Women, Kota city, Kota and another application No.27/2009 filed by the complainant-respondent under Section 125 of Cr.P.C. pending with the Family Court, Kota. Heard learned counsel for the parties and carefully perused the relevant material. During the arguments, the learned counsel for the petitioner submitted that after completion of investigation, the police has filed the police report under Section 173(2) of Cr.P.C. in the Court pertaining to FIR No.51/2009 of Police Station Women, Kota City, Kota. Learned counsel for the respondent submits that the case has been pending at the stage of recording evidence. It is a settled proposition of law that the powers u/s 482 of Cr.P.C. sparingly be used with circumspection when it is found that the -2- process of Court is being abused or a miscarriage of justice is being done. In the instant case, the police, after completion of investigation, has filed the charge-sheet in the Court, which has been pending trial. There is nothing on record which may lead the Court to infer that the powers with regard to investigation conferred on police under the provisions of Cr.P.C. have been misused, nor there is any other material on the basis of which the First Information Report No.51/2009, may be quashed. The criminal misc. petition is without any force and deserves to be dismissed. For the reasons state above, the Criminal Misc. Petition stands dismissed accordingly. (MAHESH BHAGWATI)J. Pcg