[2025:RJ-JP:45931] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3566/2019 1. Smt. Garima Saini W/o Saurabh, D/o Mahendra Kumar Saini, Aged About 26 Years, R/o 235, Janak Marg, Hanuman Nagar Extension, Sirsi Road, Jaipur, Raj., At Present R/o 64, Digvijay Nagar, Kheme Ka Kuwan, District Jodhpur, Raj. 2. Saurabh Choudhary S/o Shri Rajendra Choudhary, Aged About 26 Years, R/o 64, Digvijay Nagar, Kheme Ka Kuwan, District Jodhpur, Raj. 3. Rajendra Kumar Choudhary S/o Shri Kishna Ram Choudhary, R/o 64, Digvijay Nagar, Kheme Ka Kuwan, District Jodhpur, Raj. ----Accused-petitioners Versus 1. State of Rajasthan, Through PP 2. Mahendra Kumar Saini S/o Shri Tola Ram, Aged About 63 Years, R/o H E 235, Hanuman Nagar Vistar, Sirsi Road, Khatipura Jaipur, Raj. ----Complainant/Respondents For Petitioner(s) : Mr. Kishan Swami Mr. Vishvesh Gupta For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 14/11/2025 1. Petitioners have challenged FIR No.318/2019 dated 22.05.2019 registered at Police Station Vaishali Nagar, District Jaipur (West) for the offences under Section 384 of IPC. 2. It is submitted by learned counsel for the parties that the allegations in the FIR were totally concocted and frivolous. The foundation of the allegations in FIR was that the petitioner No.2 [2025:RJ-JP:45931] (2 of 3) [CRLMP-3566/2019] has allegedly denied marriage with daughter of the complainant and thereby attempted to extort illegal money from the complainant. 3. Learned counsel for the petitioners submits that daughter of the complainant voluntarily went with the petitioner No.2 and since both of them were major, they performed marriage on 23.05.2019 and thereafter, have been leading happy marital life. Bare perusal of the contents of FIR would reveal that it was lodged under misconceived apprehension which never turned into reality and considering the fact that now petitioner No.2 has performed marriage with daughter of the complainant, the allegations in the FIR have become fallacious. 4. Learned Public Prosecutor submits that reply to the instant petition has been filed along with one application dated 15.04.2021 submitted by the complainant to the S.H.O. Police Station, Vaishali Nagar, in which the complainant submitted that he has lodged the FIR on account of some confusion, which is washed away after having knowledge of the truth of the matter, therefore, he did not want to pursue his FIR. 5. Despite service, nobody is present on behalf of the complainant to controvert the aforesaid factual aspects. 6. I have considered the submissions made by learned counsel for the petitioners as well as learned Public Prosecutor. 7. Bare reading of the FIR reveals that the allegations were that the petitioner No.2 intended to extort money from the complainant with threatening that in case, such money is not given then he would not marry complainant's daughter and would also lodge false cases against the complainant. [2025:RJ-JP:45931] (3 of 3) [CRLMP-3566/2019] 8. As per material on record, petitioner No.2 has already performed marriage with complainant's daughter, which goes to show that FIR was lodged by the complainant under misconceived notion of fact and on account of fake apprehension. Such unfounded apprehension is reinforced by the fact that the complainant himself submitted one application before the S.H.O. stating that in view of subsequent developments he did not intend to prosecute the petitioner pursuant to the impugned FIR. 9. In the light of above, in case, the petitioners are permitted to be prosecuted pursuant to impugned FIR it would cause grave prejudice and miscarriage of justice to the petitioners. Hence, in order to secure ends of justice and to prevent abuse of process of law, this Court deems it just and proper to quash FIR No.318/2019 dated 22.05.2019 registered at Police Station Vaishali Nagar, District Jaipur (West) along with all subsequent proceedings. 10. Accordingly, the criminal miscellaneous petition stands allowed. (ANAND SHARMA),J DIVYA /59