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Ghanshyam Soni vs. State of Rajasthan

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Penal Code, 1860–Secs. 420, 406, 384 & 120-B–Allegation that the petitioners defrauded respondent no. 2 of her money by cheating her in the name of taking divorce–Petitioners are husband and wife and they are living together–They have jointly filed a divorce petition before the Family Court–Amount was paid by the respondent no. 2 to petitioner no. 2 for getting divorce from petitioner no. 1 and the said amount agreed to be paid to the petitioner no. 2 had been mostly paid by cheques issued by respondent no. 2 or her relatives–Petitioners have shown their willingness to refund the amount allegedly received by them from respondent no. 2–It is a disputed fact as to how much of the amount is due–Dispute is of civil nature–Ingredients of Secs. 420, 406, 384 & 120-B are missing–FIR is liable to be quashed.