KAPIL DEV S/O SHRI RASAL SINGH v. STATE OF RAJASTHAN
CRLMP/8486/2022 · 2026-07-16
Anoop Kumar Dhand
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 10339 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10339 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:27052] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 8486/2022 URN: CRLMP / 14707U / 2022 Kapil Dev S/o Shri Rasal Singh, aged about 26 Years, R/o Jat Mohalla, Gram Hulyana, Tehsil Kathumar, District Alwar (Raj.). ----Petitioner Versus
1. State of Rajasthan, Through PP
2. Victim, R/o ----Respondents For Petitioner(s) : None For Respondent(s) : Mr. N.S. Dhakar-PP Mr. Dharmendra Choudhary for Mr. Kamlesh Roj JUSTICE ANOOP KUMAR DHAND Order 16/07/2026
1. The instant criminal misc. petition has been submitted by the petitioner for quashing the impugned FIR No. 352/2022 registered with the Police Station Vidyadhar Nagar, District Jaipur City (North) for the offences punishable under Sections 376(2)(n) and 506 IPC and Sections 3(1)(w)(i), 3(1)(w)(ii) and 3(2)(va) of the SC/ST Act. 2. It has been averred in the instant petition that a delayed report has been lodged by the prosecutrix by concocting a false story in order to falsely implicated the petitioner only with a view to harass him. It has also been averred that both the prosecutrix and the petitioner has solemnized their marriage on 05.04.2021 in the presence of certain witnesses and a marriage agreement was also executed between the parties. Hence, under these
[2026:RJ-JP:27052] (2 of 2) [CRLMP-8486/2022] circumstances, no alleged offences are made out and the proceedings arising out of the impugned FIR is liable to be quashed. 3. Per contra, learned Public Prosecutor submitted that after thorough investigation in the present matter, a prima facie case was found to be proved against the petitioner and the charge- sheet has already been submitted against the petitioner in the month of April, 2023 before the concerned Court. Hence, under these circumstances, interference of this Court is not warranted. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. The allegations levelled in the impugned FIR reveal commission of cognizable offence and the correctness of the allegations cannot be examined or adjudged by this Court while exercising its inherent jurisdiction under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigating Officer, who has thoroughly investigated the matter and has found prima facie case and submitted charge-sheet against the petitioner. 6. Considering the above facts and circumstances of the case, this Court deems it just and proper to dispose of the instant misc.
petition, granting liberty to the petitioner to take all the grounds and all available defences which have been taken before this Court, at the appropriate stage of the trial before the Trial Court. 7. With the aforesaid observations, the instant criminal misc. petition stands disposed of. Stay application as well as all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J Ashu/4