[2025:RJ-JP:42975] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2290/2019 Bharat Chiraniya @ Banti S/o Shri Shankar Lal, Aged About 22 Years, R/o Parana, Police Station Baroni, Tehsil And District Tonk, Raj. ----Petitioner Versus 1. State Of Rajasthan, Through Pp. 2. Kumari Chandrakala Thalor D/o Shri Gopal Ram, Aged About 27 Years, R/o Kv-5, Paramhansh Marg, 72/12, Mansarovar, Jaipur, Permanent R/o Dheelshar Thana Bishau, District Jhunjhunu, Raj. ----Respondents For Petitioner(s) : Mr. Dharam Veer Tholia, Adv. Mr. Himanshu Tholia, Adv. For Respondent(s) For Complainant(s) : : Mr. Vivek Sharma, PP Mr. Akshay Yadav, Adv. HON'BLE MR. JUSTICE ANAND SHARMA Order 27/10/2025 1. This Criminal Miscellaneous Petition has been filed by the petitioner with a prayer to quash and set aside FIR No.0298/2019 registered at Police Station Sanganer, Jaipur City (East) for alleged offence under Section 376 IPC. 2. It is submitted by learned counsel for the petitioner that the contents of FIR itself would reveal that the petitioner and the complainant were having good relations and were also in agreement to perform marriage. The FIR would also reveal that earlier physical relations were maintained by the petitioner and the complainant with consent, therefore, a bare perusal of FIR [2025:RJ-JP:42975] (2 of 3) [CRLMP-2290/2019] would not reveal any forcible sexual intercourse and hence, the offence under Section 376 IPC is not made out against the petitioner. 3. It is further submitted by learned counsel for the petitioner that after lodging FIR, the complainant herself has submitted applications dated 27.03.2019 and 30.03.2019 to the Police Authorities revealing therein that only on account of the fact that the petitioner kept his mobile switched off, therefore, on account of confusion and due to sheer anger, she lodged the impugned FIR. However, after clarification of the confusion, she did not want to prosecute the petitioner further. 4. Learned counsel appearing for the complainant has also verified the fact that a compromise has taken place between the parties and complainant herself has submitted application for not prosecuting the petitioner further pursuant to the aforesaid FIR. 5. Learned Public Prosecutor has also submitted that the factum of compromise has also been verified by the Police Authorities as the application was duly submitted by the complainant herself. 6. In the light of the above, where the contents of FIR itself would reveal that there was a consensual relationship between the petitioner and prosecutrix, and thereafter, compromise has been entered into between the parties, which has been duly verified by learned counsel for the complainant and learned Public Prosecutor, it would not be in the interest of justice to permit prosecution of the petitioner pursuant to impugned FIR as in the facts and circumstances of the case, it would cause a miscarriage of justice to the petitioner. [2025:RJ-JP:42975] (3 of 3) [CRLMP-2290/2019] 7. Hence, this Court finds it just and proper to exercise its inherent jurisdiction under Section 482 Cr.P.C. and accordingly FIR No.0298/2019 registered at Police Station Sanganer, Jaipur City (East) against the petitioner is hereby quashed and set aside. 8. The Criminal Miscellaneous Petition filed by the petitioner is allowed. 9. Pending application(s), if any, stand(s) disposed of. (ANAND SHARMA),J Jatin /29