[2026:RJ-JP:19999] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1983/2017 1. Kajal D/o Shri Suresh, W/o Shri Santosh Kumar, R/o Village Sonothi, Post Kurka, District Bharatpur, Raj. 2. Santosh Kumar S/o Shri Bhajan Lal, R/o Village Sonothi, Post Kurka, District Bharatpur, Raj. ----Petitioners Versus 1. State of Rajasthan Through P.P. 2. Shri Gabbar S/o Shri Suresh Chand, R/o Jawahar Colony, Ramgarh, Mahua, District Dausa. ----Respondents For Petitioner(s) : Ms. Priyanka Paliwal with Mr. Raj Kumar Goyal For Respondent(s) : Mr. Amit Kumar Gupta, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 12/05/2026 1. This criminal miscellaneous petition has been filed by the accused-petitioners Kajal and Santosh Kumar with a prayer to quash the FIR 97/2017, registered at Police Station Mahua, District Dausa for offence punishable under Section 363 IPC and other consequential arising from the said FIR. 2. Learned counsel for the petitioner submits that the first information report was lodged by the brother of petitioner no.1 with the allegations that the petitioner no.1-Kajal, who is sister of the informant, has been kidnapped by the Santosh Kumar. Counsel for the petitioner further submits that later on Kajal and Santosh Kumar solemnized marriage and there are two children [2026:RJ-JP:19999] (2 of 4) [CRLMP-1983/2017] from their wedlock. Counsel for the petitioner placed before this Court birth certificates of both kids. Counsel for the petitioner submits that in view of the material fact that there are allegation of kidnapping of the accused-petitioner Kajal by accused-petitioner Santosh Kumar and they have solemnized marriage and further they have two children from their wedlock, the continuation of the criminal proceedings may not be justified as it would be a futile exercise when both the accused-petitioners Kajal and Santosh are living peaceful life and there may be no evidence against the accused petitioner Santosh Kumar from the side of the Kajal. 3. On the other hand, learned Public Prosecutor submits that after completion of investigation, the police has submitted the charge-sheet against the petitioner no.2 Santosh Kumar for offences punishable under Section 363, 366, 376(2)(n) IPC and 3/4, 5(J)(ii), 6 and 16/17 POCSO Act and matter is pending before the learned Subordinate Court for trial. 4. Considered the submissions made by learned counsel for the petitioner as well as learned public Prosecutor and also perused the material made available on record. 5. As per the facts on record FIR No.97/2017 came to be registered on 27.03.2017 at Police Station Mahua, District Dausa, on a written report submitted by Gabbar Son of Suresh with the allegations that on 19.11.2016 the accused petitioner Santosh took his sister named Kajal (petitioner no.1) by misleading her. The FIR was registered for offence punishable under Section 363 IPC. After completion of the investigation, the police is said to have submitted the charge-sheet against the petitioner Santosh [2026:RJ-JP:19999] (3 of 4) [CRLMP-1983/2017] for offences punishable under Sections 363, 366, 376(2)(n) IPC and 3/4, 5(J)(ii), 6 and 16/17 of the POCSO Act. 6. During pendency of the investigation the parents of both the accused-petitioner and victim solemnised their marriage and there are two children from their wedlock. It has been submitted that both the accused-petitioners Santosh Kumar and Kajal in respect of whom allegation of kidnapping is levelled against the petitioner no.2, they are living married life peacefully and there are two children from their wedlock. The Co-ordinate Bench of this Court in case of XXX vs. State of Rajasthan; S.B. Criminal Miscellaneous (Petition) No.3075/2023, decided on 31.05.2023 in the similar set of facts and circumstances has quashed the FIR and entire criminal case out of the FIR. 7. Having regard to the submissions made by the counsel for the petitioner and the peculiar fact that the accused petitioner Santosh Kumar and Kajal, in respect of whom the allegations of kidnapping and other offences has been registered and challan has been filed, are living their married life peacefully and have two children from their wedlock and now to meet the ends of justice, this Court deems just and proper to invoke the inherent jurisdiction enshrined under Section 482 Cr.P.C. to quash the criminal proceedings. 8. Accordingly this criminal misc. petition is allowed. The FIR No.97/2017 registered at Police Station Mahua, District Dausa for offence punishable under Section 363 IPC and all other consequential criminal proceedings arising out of the same FIR are hereby quashed and set aside. [2026:RJ-JP:19999] (4 of 4) [CRLMP-1983/2017] 9. Stay application as well as pending application(s) if any stand(s) disposed of. (GANESH RAM MEENA),J PRATEEK/26