[2025:RJ-JP:5867] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. (Petition) No. 848/2025 Suresh Saini S/o Anandilal, Aged About 44 Years, R/o 3443, Mangal Bhawan, Kalyan Ji Ka Rasta, Chandpole, Kotwali, Jaipur, Jaipur City (North), Rajasthan. ----Petitioner Versus 1. State of Rajasthan, Through PP 2. Damodar Mali S/o Shri Meethalal Mali, R/o 3443, Mangal Bhawan, Flat No. 107, Kalyan Ji Ka Rasta, Chandpole Bazar, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Kuldeep Aswal For Respondent(s) : Mr. Amit Kumar Gupta, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 11/02/2025 1. This misc. petition under Section 528 of BNSS has been filed by the petitioner with a prayer to quash the FIR No.248/2024 dated 21.08.2024 registered at Police Station Kotwali Jaipur, District Jaipur City (North) for the offences punishable under Sections 147, 323, 341, 308 & 383 of IPC. 2. Learned counsel for the petitioner submits that the present case has been lodged on the basis of false and fabricated facts. Counsel further submits that a criminal case bearing FIR No.193/2024 dated 13.03.2024 was registered at the same Police Station Kotwali Jaipur, District Jaipur City (North) for the offences punishable under Sections 323, 341, 452, 506, 509, 325, 308 & 34 of IPC by the daughter of the petitioner against the complainant/respondent and thus the present case has been [2025:RJ-JP:5867] (2 of 4) [CRLMP-848/2025] lodged against the petitioner by the complainant in retaliation since he is the accused in the case registered by the daughter of the petitioner. 3. Considered the submissions made by learned counsel for the petitioner and also perused the averments of both the FIRs. 4. Law as regards quashing of FIR is provided for in the case of State of Haryana Vs. Bhajan Lal [1992 Supp (1) Supreme Court Cases 335], wherein the Hon’ble Apex Court has observed as follows:- “102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 48 482 of the Code which 482 we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or com-plaint and the evidence collected in support of the same do not disclose the commission [2025:RJ-JP:5867] (3 of 4) [CRLMP-848/2025] of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. 103. We also give a note of caution to the effect that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice.” 5. On perusal of the averments made in the impugned FIR, it cannot be said that no offence is made out from the contents as mentioned in the First Information Report. Merely because of a cross case it cannot be said that the impugned FIR is based on false and fabricated facts. The allegations so levelled in the FIR requires investigation by the Police since this Court has no mechanism to come to the conclusion whether the allegations levelled in the FIR are false or true. [2025:RJ-JP:5867] (4 of 4) [CRLMP-848/2025] 6. In view of the aforesaid, this Court finds no ground to quash the FIR. Accordingly, this misc. petition is dismissed. (GANESH RAM MEENA),J DIVYA SAINI /34