The court established that inherent powers to quash FIRs under Section 482 Cr.P.C. should be exercised cautiously and only when no prima facie case exists.

ORDER

1. The petitioner has preferred this petition under Section 482 of Cr.P.C. for quashing the FIR No.0164/2022 registered at Police Station Ramsin, District Jalore for the offence under Sections 365, 376, 376(2)(n) of IPC.

2. Learned counsel for the petitioner submits that initial a missing person report was lodged by the father of the prosecutrix and when the prosecutrix was recovered, she did not level any allegation against the petitioner regarding commission of rape. Even in the proceedings under section 197 Cr.P.C. before the court of SDM, the prosecutrix never levelled any allegation of commission of rape against the petitioner. Counsel submits that now a false FIR has been lodged by the prosecutrix against the petitioner with the allegation of commission of rape. Counsel further submits that the age of the prosecutrix was about 19 years but a false averment has been made that she was only 16 years of age. In such circumstances, FIR lodged against the petitioner being frivolous, may be quashed.

3. Per contra, learned Public Prosecutor submits that specific allegation has been levelled against the petitioner in the FIR that the petitioner had committed rape with the prosecutrix.

4. I have considered the arguments and perused the FIR and case diary.

5. The prosecutrix in her statements recorded under Sections 161 and 164 Cr.P.C. has clearly deposed that she was 16 years of age at the time of incident and she levelled specific allegation against the petitioner regarding commission of rape, therefore, at the stage of investigation, no case for quashing of FIR is made out in this case.

6. 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 Section482 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 order of a Magistrate as contemplated under Section 155(2) of the Code.

5. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

6. Where there is an express legal bar engrafted in any of the provisions of the Code or the concern