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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
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of the petition, one of the petitioner(s), Shekhar Mewara, in S.B. Criminal Miscellaneous Petition No. 2669/2025, has withdrawn himself, filed to quash FIR No. 104/2025 registered at Police Station, Gumanpura, District, Kota City, and now only Kailash Ram, who is also named as an accused in the said FIR, is contesting the present miscellaneous petition.
3. Learned Public Prosecutor has placed on record report dated 08.12.2025 filed by the Additional S.P, District Bundi, and submitted that:-
(i) In FIR No. 104/2025 under Sections 232(1)
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.
The court held that an FIR alleging cognizable offences cannot be quashed merely based on claims of disability or false implication; the truth of allegations is to be assessed at trial.
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