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2025 DAILYLAW 46180 (RAJ)

DISHA BABLA D/O PRAMOD KUMAR BABLA v. STATE OF RAJASTHAN

CRLMP/6529/2025 · 2025-12-02

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:48918] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6529/2025 Disha Babla D/o Pramod Kumar Babla, R/o C 155, Kamla Nehru Nagar Pratham Vistaar, Jodhpur Rajasthan 342008 Currently Residing At B-405, Sushant Lok, Phase 1 B-Block, Gurugram, Haryana ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Vimal Daga S/o Ashok Kumar Daga, Aged About 42 Years, R/o Flat No. 906, Emerald Block Kohinoor Residency Rampura Road, Sanganer, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Eshaan Sanghi with Mr. Uday Singh Rathore For Respondent(s) : Mr. Amit Punia, PP JUSTICE ANOOP KUMAR DHAND Order 02/12/2025 1. By way of filing the instant criminal misc. petition, a prayer has been made for quashing of the impugned FIR No.339/2025 registered with Police Station Mahesh Nagar, District Jaipur City (South) under Sections 308(6), 308(7) and 318(4) BNS, 2023. 2. Learned counsel for the petitioner submits the impugned FIR has been registered in counterblast to the FIR No.287/2025 registered by the petitioner against the complainant with the Police Station DLF, District Gurugram under Sections 351(2) and 78 of the BNS and FIR No.235/2025, registered with Police Station Whitefield, District [2025:RJ-JP:48918] (2 of 3) [CRLMP-6529/2025] Bengaluru City under Sections 329(4), 351(2) and 74 BNS, 2023. Counsel submits that the complainant has harassed the petitioner to great extent and has threatened her, hence for the aforesaid illegal act of the complainant, the above two FIRs were registered against him. Counsel submits that there is no truth in the allegations levelled against the petitioner in the impugned FIR. Hence the allegations levelled against the petitioner are not sustainable and the impugned FIR is liable to be quashed. 3. Per contra, learned Public Prosecutor opposed the prayer and submitted that the allegations levelled in the FIR against the petitioner reveal commission of cognizable offence and after thorough investigation of the matter, the Police has already submitted charge-sheet against the petitioner under Sections 308(6), 308(7) and 318(4) of the BNS before the Court of Judicial Magistrate No.7 Jaipur Metropolitan-I. Hence interference of this Court is not warranted and the petition is liable to be rejected. 4. Heard and considered the submissions made at the Bar and perused the material available on the record. 5. Perusal of the contents of the impugned FIR indicate that the allegations levelled against the petitioner are with regard to commission of cogniable offence, which has been investigated by the Police and after investigating, charge-sheet has already been submitted against the petitioner for the above stated offences. 6. If at all, it is the case of the petitioner that in counterblast to the two FIRs registered by her against the [2025:RJ-JP:48918] (3 of 3) [CRLMP-6529/2025] complainant, the instant case has been lodged by the complainant with incorrect allegations, these facts cannot be adjudicated by this Court and the correctness & genuineness of the allegations cannot be adjudged by this Court in exercise of its inherent jurisdiction contained under Section 528 of the BNSS. 8. The petitioner would be at liberty to take all available defence at the appropriate stage of the trial. 9. With the aforesaid observations/directions, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/24