[2026:RJ-JP:16445] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.3170/2021 Rishabh Nagar Son Of Shri Purshottam Nagar, Aged About 26 Years, Resident Of Village Badwa, Tehsil Anta, Police Station Anta District Dausa (Raj) ----Petitioner Versus 1. The State Of Rajasthan, Through P.P 2. Victim ----Respondents For Petitioner(s) : Mr. Rajveer Singh For Respondent(s) : Mr. Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 18/04/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned FIR No.68/2021, registered with Police Station Mahila Thana, District Baran for the offences punishable under Sections 376, 376(1) and 376(2)(n) IPC. 2. Learned counsel for the accused-petitioner submits that the prosecutrix is a major lady of the age of 28 years. As per the allegations levelled in the impugned FIR, she was in relationship with the accused-petitioner for about four years on the pretext that he would perform marriage with her and under that assurance sexual relations developed between them. Thereafter, when the accused-petitioner denied to perform marriage with the prosecutrix, the impugned FIR has been lodged by her against him with false allegations. Counsel submits that false promise of marriage does not constitute the offence of rape, hence, under these [2026:RJ-JP:16445] (2 of 2) [CRLMP-3170/2021] circumstances, interference of this Court is warranted and the impugned FIR is liable to be quashed. 3. Per contra, learned Public Prosecutor opposes the prayer and submits that after thorough investigation of the matter, prima facie case was found to be proved against the accused-petitioner, hence, charge-sheet has been submitted against him for the offence under Section 376 IPC before the Court of Additional Chief Judicial Magistrate, Baran on 26.11.2021. Counsel submits that under these circumstances, interference of this Court is not warranted and the instant 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 allegations levelled in the impugned FIR reveals commission of cognizable offence. The correctness of the allegations cannot be examined by this Court at this stage while exercising powers contained under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigating Officer, who has already submitted charge-sheet against the accused-petitioner for the above stated offences after finding a prima facie case against him. 6. Accordingly, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. 7. However, the petitioner would be at liberty to take all ground which have been taken before this Court in this petition and all available defence at the appropriate stage of the trial. (ANOOP KUMAR DHAND),J KuD/4