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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Kailash Ram S/o Shri Bhakar Ram – Appellant
Versus
State Of Rajasthan, Through Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. background context of the firs and investigations. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented by the petitioners. (Para 5 , 6 , 7 , 8 , 9) |
| 3. court's recognition of fir status and investigative conclusions. (Para 10 , 11) |
| 4. court's analysis of law regarding quashing of firs. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. assessment of allegations in firs for quashing review. (Para 23 , 25) |
| 6. final decision to dismiss the petitions. (Para 27 , 28 , 29) |
ORDER :
Ashok Kumar Jain, J.
1. These two criminal miscellaneous petitions under Section 528 of Bharatiya Nyayik Suraksha Sanhita, 2023, (hereinafter referred to as ‘ BNSS ’), were filed by the petitioners for quashing FIR No. 35/2025 registered at Police Station, Railway Colony, Kota City on 27.01.2025 and FIR No. 104/2025 registered at P.S. Gumanpura District, Kota City on 12.02.2025. Since these matters pertain to common parties, therefore, they are tagged together and, after order dated 15.09.2025 by Hon’ble Supreme Court passed in SLP (Criminal) Diary No. 43573/2025 and connected matters, are specifically assigned to this Bench.
2. During pendency of the petition, one of the petitioner(s), Shekhar
The court affirmed that FIRs containing legitimate allegations warranting investigation cannot be quashed unless no offence is disclosed or there is an abuse of process.
A second FIR cannot be filed for the same offences due to the principles set forth in Section 162, CrPC, and the distinction between civil and criminal disputes is paramount in determining maintainab....
The main legal point established in the judgment is the court's power to quash proceedings under Section 482 of the CrPC to prevent abuse of the process of law and to secure the ends of justice.
The court held that allegations in the FIR constituted cognizable offences, including voyeurism and assault, and dismissed the petition to quash the FIR.
The court ruled that an FIR cannot be quashed based on allegations of mala fides if it discloses cognizable offences, emphasizing the necessity of a trial to assess the truth of the allegations.
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