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2023 Supreme(Raj) 76

MANOJ KUMAR GARG
Bhaga Ram S/o Manga Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Rajesh Kumar.
For the Respondent: M.S. Bhati.

ORDER :

1. The petitioners have preferred these petitions under Section 482 of Cr.P.C. for quashing the FIR No. 55/2023 registered at Police Station Sayala, District Jalore for the offences under Sections 363, 366, 366-A, 376(2)(N) and 376-D of IPC and Section 3, 4, 5 and 6 of POCSO Act, Section 84 of Juvenile Act and Section 67 of IT Act.

2. Learned counsel for the petitioners submits that prosecutrix was a major at the relevant time and the documents in support of same were on record in which the prosecutrix was a major. Counsel further submits that the prosecutrix and Bhaga Ram both took Police protection from this Court and they have also resided in live-in relationship for some time and now a false FIR has been levelled against the petitioners. In these circumstances, since the FIR lodged against the petitioners is frivolous, it may be quashed.

3. Learned Public Prosecutor has opposed the petitions.

4. I have considered the arguments and according to the perusal of the FIR, prosecutrix was merely 14 years old as mentioned in the FIR and a specific role has been assigned to the petitioners. In these circumstances, it cannot be said that the FIR is frivolous. Furthermore, FIR cannot

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