[2026:RJ-JP:27956] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7864/2022 URN: CRLMP / 13466U / 2022 1. Habib Son Of Khurshid, Resident Of Bhakeda, Aravali Vi- har, Jaipur Road Alwar (Raj). 2. Khurshid Son Of Mangal, Resident Of Bhakeda, Aravali Vi- har, Jaipur Road Alwar (Raj). 3. Iliyash @ Rahul Son Of Khurshid, Resident Of Bhakeda, Aravali Vihar, Jaipur Road Alwar (Raj). 4. Unish Son Of Khurshid, Resident Of Bhakeda, Aravali Vi- har, Jaipur Road Alwar (Raj). ----Petitioners Versus 1. State Of Rajasthan, Through P.P. 2. Victim, W/o Habib D/o Ishak Khan R/o N.E.B Daudpur, Al- war Rajasthan. Current address- Gali No.35, Adarsh Colony, Surakppur Road, Nagabgad Delhi. ----Respondents For Petitioner(s) : None Present For Respondent(s) : Mr. Rajesh Choudhary,GA cum AAG Mr. Manvendra Singh Shekhawat, P.P. JUSTICE ANOOP KUMAR DHAND Order 21/07/2026 1. By way of filing the instant criminal misc. petition, a prayer has been made to quash the impugned FIR No. 409/2022 registered at the Police Station Aravali Vihar, District Alwar, for the offences punishable under Sections 376-D, 506 IPC. 2. It has been averred in the instant petition that the petitioners have been falsely booked in the instant case by the prosecutrix with malafide intention only with a view to harass the [2026:RJ-JP:27956] (2 of 3) [CRLMP-7864/2022] petitioners and in fact no such incident has occurred and they have been falsely implicated in the instant case. Hence, a prayer has been made to quash the impugned FIR. 3. Learned Public Prosecutor opposes the prayer made in the petition and submits that when the statements of the prosecutrix "R" were recorded under Section 164 CrPC, she has levelled the allegations of rape against her husband and her father-in-law. Learned counsel submits that after thorough investigation, a prima facie case was found to be proved against the petitioner No.2 & 1 respectively i.e. Khurshid and Habib, for the offences punishable under Section 376-D, 506 IPC and the petitioner No.1 Habib, was arrested. He further submits that under such circumstances, interference of this Court is not warranted and the present petition is liable to be rejected. 4 Heard and considered the submissions made at Bar and perused the material available on record. 5. The contents of the impugned FIR and the allegations levelled therein reveal commission of a cognizable offence and the correctness of the allegation cannot be examined by this Court in exercise of its power contained under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigating Officer. This Court cannot meticulously examine and appreciate the evidence of the witnesses and the allegations leveled against the accused, at this initial stage of investigation. 6. Considering the overall facts and circumstances of the present case, this Court deems it just and proper to dispose of the instant petition, granting liberty to the petitioner to submit a representation before the Investigating Officer, who shall consider [2026:RJ-JP:27956] (3 of 3) [CRLMP-7864/2022] the same and submit the conclusion report of investigation under Section 173 CrPC, in case the investigation is still pending. In case, charge-sheet has been submitted against the petitioner then the petitioner would be at liberty to take all available defence and grounds which have been taken before this Court, at the appropriate stage of the trial before the Trial Court. 7. Accordingly, the instant criminal misc. petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J 13/AMAN