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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE GANESH RAM MEENA, J
Dinesh @ Dhaniya – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. By filing this petition, petitioner has prayed to quash the F.I.R. No.0192/2014 registered at Police Station Kotwali, District Jhunjhunu and the Chargesheet bearing No.222/2015, so also the cognizance order dated 23.04.2015 passed by Chief Judicial Magistrate, Jhunjhunu in Criminal Case No.199/2015, whereby cognizance has been taken against the petitioner for offences punishable under Sections 342, 323, 366, 376 of I.P.C.
2. No one has put in appearance on behalf of the petitioner.
3. Since this petition was filed on 11.01.2016 and the same is pending for last more than nine years and, therefore, the Court is deciding the same on merits.
4. Brief facts of the case are that on 02.05.2014, a written report was submitted by respondent No.2, alleging that on 28.03.2014, when she was trying to contact her uncle to talk with her mother, she was contacted with a wrong phone number, who said that his name is Dinesh Swami and he is resident of Guda, and thereafter, he started regularly making call to the informant on the pretext of elections to seek vote in favour of Rajkumar Sharma. Thereafter, on 28.03.2014, when she went to Jhunjhunu for consultation with a Dentist, the accused ma
The court upheld the sufficiency of evidence for prosecution under IPC sections related to sexual offenses, dismissing the petition to quash the FIR.
Prima facie cognizable offence must be made out from the contents of the FIR to prevent quashing of the FIR.
Consensual relations and abuse of process of law.
An FIR can be quashed if no case for the commission of an offence is made out from the allegations in the FIR.
The central legal point established in the judgment is that allegations should be credible and not inherently improbable, and the court can quash frivolous and vexatious litigation.
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