Rajasthan High Court – Jodhpur
Ilamdin vs State Of Rajasthan on 15 April, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2967/2025
1. Ilamdin S/o Sh Saidada Khan, Aged About 55 Years,
Resident Of Village Pabnasar, Tehsil Fathegarh, Police
Station Sangad, District Jaisalmer. Rajasthan.
2. Naseer S/o Sh Suleman, Aged About 20 Years, Resident
Of Village Pabnasar, Tehsil Fathegarh, Police Station
Sangad, District Jaisalmer. Rajasthan.
3. Umed Ali S/o Sh Moyab Khan, Aged About 20 Years,
Resident Of Village Khetusar, District Phalodi, Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Dilbar Khan S/o Sh Usman Khan, Aged About 20 Years,
Resident Of Village Dangari, Tehsil Fathegarh, Police
Station Sangad, District Jaisalmer. Rajasthan.
----Respondents
For Petitioner(s) : Mr. Bhawani Singh
For Respondent(s) : Mr. Narendra Singh, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
15/04/2025
By way of filing the present criminal misc. petition under
Section 482 Cr.P.C., the petitioners have prayed for the following
relief:-
“It is therefore, most respectfully prayed that this
misc petition may kindly be allowed and FIR No.24/2025,
has been registered at P.S., Sangad, District Jaisalmer for
offences u/s 74, 75(2), 115(2), 331(6), 61(2), OF B.N.S.
2023. And entire proceeding carried out in furtherance of
such FIR may kindly be quashed and set aside qua the
petitioners…….”
2. Briefly stated facts of the present case are that the
respondent no. 2- Dilbar Khan lodged the impugned FIR against
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the present petitioners alleging inter alia that on 23.02.2025, the
petitioners forcibly entered the house of the complainant’s sister
and molested her. They also started pressurizing her to get
married to the petitioner no. 3.
3. Heard learned counsel for the parties at Bar. Perused the
material as made available before this Court.
4. Having gone through the case file, this Court finds that prior
to the lodging of the present FIR, on 04.03.2025, an FIR no.
21/2025 was also lodged at Police Station Sangad, district
Jaisalmer against the respondent no. 2 as well as Roze Khan,
Imam Khan, Yaaru Khan, etc. for the offences punishable under
sections 115(2), 126(2), 324(4), 326, 331(6) and 189(4) of BNS
with an allegation against the respondent no. 2 to have attacked
the family members of the petitioner no. 1 with an intent to kill
them. This Court further finds that both the parties have deep
rooted enmity and have been aggressors towards each other and
the bare perusal of the impugned FIR discloses commission of
cognizable offences.
5. Having gone through the FIR, this Court further finds that in
the impugned FIR serious allegations have been levelled against
the petitioners. In the considered opinion of this Court, while
exercising powers under Section 482 Cr.P.C., this Court cannot
minutely go into the correctness of the allegations levelled against
the accused persons. This Court at this stage is neither expected
to scan the entire material on record of the case nor record its
definite finding after examining the material available in the case
diary for quashing the aforesaid FIR.
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6. The Hon’ble Supreme Court of India in the case of State of
Haryana vs. Bhajan Lal & Ors. reported in 1992 Supp. (1)
SCC 335, wherein Hon’ble Apex Court has illustrated the
situations wherein, the extraordinary powers under Article 226 of
the Constitution of India or the inherent powers under Section 482
Cr.P.C. can be exercised by the High Court either to prevent abuse
of the process of any Court or otherwise to secure the ends of
justice. The Hon’ble Court illustrated as under:-
“(a) where the allegations made in the First Information
Report or the complaint, even if they are taken at their face
value and accepted in their entirety do not prima facie
constitute any offence or make out a case against the
accused;
(b) where the allegations in the First Information Report
and other materials, if any, accompanying the F.I.R. do not
disclose a cognizable offence, justifying an investigation by
police officers under Section 156(1) of the Code except
under an order of a Magistrate within the purview of
Section 155(2) of the Code;
(c) where the uncontroverted allegations made in the FIR
or ‘complaint and the evidence collected in support of the
same do not disclose 265 the commission of any offence
and make out a case against the accused;
(d) where the allegations in the FIR do not constitute a
cognizable offence but constitute only a non-cognizable
offence, no investigation is permitted by a police officer
without an order of a Magistrate as contemplated under
Section 155(2) of the Code;
(e) where the allegations made in the FIR or complaint are
so absurd and inherently improbable on the basis of which
no prudent person can ever reach a just conclusion that
there is sufficient ground for proceeding against the
accused;
(f) where there is an express legal bar engrafted in any of
the provisions of the Code or the concerned Act (under
which a criminal proceeding is instituted) to the institution
and continuance of the proceedings and/or where there is a
specific provision in the Code or the concerned Act,
providing efficacious redress for the grievance of the
aggrieved party;
(g) where a criminal proceeding is manifestly attended with
mala fide and/or where the proceeding is maliciously
instituted with an ulterior motive for wreaking vengeance(Downloaded on 17/04/2025 at 09:22:19 PM)
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and personal grudge.”
7. In view of aforesaid discussion and taking into consideration
the precedent law, this Court is not inclined to exercise the powers
vested in it under Section 482 Cr.P.C. for quashing the FIR in
question.
8. Consequently, the present criminal misc. petition as well as
stay application are disposed of.
(KULDEEP MATHUR),J
37-himanshu/-
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