HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7995/2024 Victim ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. The Superintendent Of Police, Dausa. 3. The Station House Officer, Police Station Baswa, District Dausa (Raj.) ----Respondents Connected With S.B. Criminal Miscellaneous (Petition) No. 6905/2024 Pintu Sain Son Of Bhikharam Sain, Resident Of Tihada, Tehsil Baswa, District Dausa (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through P.P. 2. Victim ----Respondents For Petitioner(s) : Ms. Manisha Shaini and Mr. Sumit Jain For Respondent(s) : Mr. Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 17/11/2025 1. S.B. Criminal Misc. Petition No.7995/2024 has been submitted by the complainant-victim seeking direction for fair and impartial investigation in the FIR No.175/2024 registered with Police Station Baswa, District Dausa for the offence under Sections 87, 74 and 351(2) of the BNS. While S.B. Criminal (2 of 3) [CRLMP-7995/2024] Misc. Petition No.6905/2024 has been submitted by the accused petitioner for quashing of the aforesaid FIR. 2. Counsel for the complainant submits that the investigation has already been completed in the instant case and the charge-sheet has already been submitted against the accused under Sections 351(2), 87, 74 of the BNS and Sections 363, 366-A, 376 IPC and Section 3/4 of the POCSO Act and Section 84 of the Juvenile Justice Act and now, the case is posted for recording the prosecution evidence. 3. None has put appearance on behalf of the accused petitioner. 4. This Court has perused the contents of the S.B. Criminal Misc. Petition No.6905/2025, wherein it has been pleaded that the victim is a major lady and she was in a relationship with the accused-petitioner. It has also been pleaded that the victim has performed marriage with the petitioner, hence under these circumstances, no offence has been committed by the petitioner. 5. The factum of marriage has been disputed by counsel for the complainant. 6. The charge-sheet has been submitted against the petitioner by treating the prosecutrix as minor. 7. Heard and considered the submissions made at the Bar. 8. Whether the victim has solemnized marriage with the petitioner or not, this is a disputed question of fact, which cannot be adjudicated by this Court under its inherent jurisdiction contained under Section 528 of the BNSS. This (3 of 3) [CRLMP-7995/2024] fact is required to be proved and established at appropriate stage of the trial after recording the evidence. 9. Looking to the fact that the contents of the FIR reveal that a cognizable offence has been committed and after completion of investigation, the charge-sheet has already been submitted, hence under these circumstances, this Court is not inclined to quash the proceedings arising out of the FIR No.175/2024 registered with Police Station Baswa, District Dausa. 10. Accordingly, the S.B. Criminal Misc. Petition No.6905/2024 filed by the accused is dismissed. The S.B. Criminal Misc. Petition No.7995/2024 filed by the complainant is dismissed as rendered infructuous, as the charge-sheet has already been submitted. 11. The stay applications and all pending applications, if any, also stand dismissed. (ANOOP KUMAR DHAND),J KuD/91-92