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2026 DAILYLAW 10420 (RAJ)

ANISH KUMAR SAINI S/O SHRI HARKESH MALI v. STATE OF RAJASTHAN

CRLMP/2259/2023 · 2026-07-14

Anoop Kumar Dhand

body2026

Judgment text

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[2026:RJ-JP:26580] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.2259/2023 URN: CRLMP / 4088U / 2023 Anish Kumar Saini S/o Shri Harkesh Mali, Aged About 19 Years, R/o Village Khanpur Basoda Kishani Bandarpura, Mahu Khurad ( Rural), Tehsil Gangapur City, Distt. Sawai Madhopur (Raj). ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Commissioner Of Police, Jaipur. 3. Acp Malviya Nagar, Jaipur City (East), Rajasthan. 4. Sh.o. Police Station Kho- Nagoriyan, Distt. Jaipur. 5. Investigation Officer, Fir No. 692/2022 Registered At Police Station Kho Nagoriyan, Distt. Jaipur. 6. Victim ----Respondents For Petitioner(s) : Mr. Mukesh Kumar Verma For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Anil K. Sharma JUSTICE ANOOP KUMAR DHAND Order 14/07/2026 1. By way of filing the instant criminal misc. petition, a prayer has been made to quash the impugned FIR No.692/2022 registered at the Police Station Kho-Nagoriyan, District Jaipur (East) for the offences punishable under Sections 376(2)(n) and 384 IPC. 2. It has been apprised at Bar by learned counsels for the parties that during pendency of the trial, the prosecutrix has entered into a compromise with the petitioner and she has not [2026:RJ-JP:26580] (2 of 2) [CRLMP-2259/2023] supported the version of prosecution and as such she has been declared as hostile. Hence, a prayer has been made to quash the proceedings of the impugned FIR in view of the changed circumstances. 3. Heard and considered the submissions made at the Bar and perused the material available on record. 4. If the prosecutrix has not supported the version of the prosecution and she has been declared as hostile and if she was entered into compromise with the petitioner, these facts would be appreciated by the Trial Court at the appropriate stage of the trial. Declaration of the witness as hostile cannot be a ground for quashing of the proceedings. 5. Since the main matter is still pending before the Trial Court, it is expected from the Trial Court to decide the main matter on the basis of the evidence available on record and after considering the statements of the prosecutrix. 6. With the aforesaid observations, the instant criminal misc. petition, stay application as well as all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J 8/Karan