The court established that quashing an FIR requires clear evidence of no cognizable offence, emphasizing the need for thorough police investigation.

ORDER

1. The present misc. petition has been filed by the petitioner for quashing of FIR No.7/2023, registered at Police Station Kuchera, Distt. Nagaur for offence under Sections 363 of IPC and Section 3(2)(va) of SC/ST Act.

2. The complainant-respondent No.2 submitted a written report before the SHO, Police Station Kuchera, Distt. Nagaur on 05.01.2023 alleging therein that one Chhotu Ram had instigated his daughter, Pooja, and took her in the night of 03.01.2023. It has also been mentioned in the complaint that the so-called person, Chhotu Ram also took away his minor daughter previously on 20.12.2022 and left his daughter back to Kuchera. On this report, an FIR was registered for offence under Section 363 of IPC and Section 3(2)(va) of SC/ST Act.

3. Learned counsel for the petitioner submits that the prosecutrix went along with co-accused Chhotu Ram thrice. The allegations in the present FIR are against Chhotu Ram only and the name of the present petitioner has not been mentioned therein. In fact, the prosecutrix turned hostile with respect to Chhotu Ram in three FIRs registered earlier by the respondent No.2. Now, for the first time, the prosecutrix has made an allegation against the present petitioner, which is absolutely false. It is further contended that the respondent No.2, father of the prosecutrix, gave an affidavit that his daughter went from his house with Chhotu Ram only and Shankar Lal (Present petitioner) has not committed any offence. In these circumstances, it is prayed that the present FIR may be quashed.

4. Per contra, learned Public Prosecutor has vehemently opposed the prayer of the petitioner.

5. I have considered the rival arguments and carefully gone through the record.

6. According to the statement of the prosecutrix, she made a specific averment in her statement that the petitioner took her at two-three places where he committed rape with her. The police after thorough investigation added the offence under Section 376 IPC as well as the offence under POCSO Act.

7. Hon'ble Supreme Court in the case of State of Haryana & Ors. Vs. Choudhary Bhajanlal & Ors. : [1992 Suppl. (1) SCC 335], laid down guidelines for exercising inherent powers under Section 482 Cr.P.C. to quash FIR and criminal proceedings. The Court held:

"102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

1. Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima-facie constitute any offence or make out a case against the accused.

2. Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

3. Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

4. Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an