HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
KULDEEP MATHUR
Ilamdin, S/o Sh Saidada Khan – Appellant
Versus
State Of Rajasthan, Through Public Prosecutor – Respondent
Order :
(KULDEEP MATHUR, J.)
By way of filing the present criminal misc. petition under Section 482 Cr.P.C., the petitioners have prayed for the following relief:-
“It is therefore, most respectfully prayed that this misc petition may kindly be allowed and FIR No.24/2025, has been registered at P.S., Sangad, District Jaisalmer for offences u/s 74, 75(2), 115(2), 331(6), 61(2), OF B.N.S. 2023. And entire proceeding carried out in furtherance of such FIR may kindly be quashed and set aside qua the petitioners…….”
2. Briefly stated facts of the present case are that the respondent no. 2- Dilbar Khan lodged the impugned FIR against the present petitioners alleging inter alia that on 23.02.2025, the petitioners forcibly entered the house of the complainant’s sister and molested her. They also started pressurizing her to get married to the petitioner no. 3.
3. Heard learned counsel for the parties at Bar. Perused the material as made available before this Court.
4. Having gone through the case file, this Court finds that prior to the lodging of the present FIR, on 04.03.2025, an FIR no. 21/2025 was also lodged at Police Station Sangad, district Jaisalmer against the respondent no. 2 as well as
The court cannot quash an FIR under Section 482 Cr.P.C. based on the correctness of allegations, especially when serious cognizable offences are disclosed.
The court cannot quash an FIR based on allegations without assessing the correctness of those allegations at the initial stage.
The court found prima facie evidence of cognizable offences in the FIR, justifying the continuation of proceedings despite claims of false implication.
The court cannot quash an FIR based on the correctness of allegations at the stage of Section 482 Cr.P.C. without sufficient grounds.
The scope for quashing FIRs under Section 482 of CrPC is limited and requires concrete grounds showing no cognizable offences are disclosed.
High Court should refrain from giving a prima facie decision unless there are compelling circumstances to do so.
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