Anil Singh And Ors vs State of Rajasthan And Ors

This Petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.602/2020 registered at Police Station Pragpura District Jaipur for

offences under Sections 376, 365, 383 and 120B IPC.

Heard learned counsel for both the sides and perused the material made available on record.

Learned counsel for the petitioners submits that the victim herself lived with the petitioner No.1 Anil Singh in live-in- relationship. They both filed

SB Criminal Miscellaneous Petition for protection before this court. The live-in-relationship document was also executed by both of them. The victim

filed divorce petition against her husband. Under the influence of her family members, the victim has filed this false and frivolous FIR, which deserves

to be quashed. Therefore, further investigation in the matter should be stayed and the petitioners should be granted interim protection from any sort of

coercive action.

Learned Public Prosecutor submits that appropriate directions may be issued.

Since the contents of FIR prima facie constitute cognizable offence, the other alleged grounds for quashing of the impugned FIR as per the legal

position as expounded in State of Haryana Vs. Bhajan Lal: [1992 (supp)1 SCC 335] can only be disclosed after due investigation. Further, as per P.

Chidambaram Vs. Direcotrate of Enforcement: [(2019) 9 SCC 24] the investigation is in the domain of the Investigating Agency and the courts are

not supposed to interfere in the investigation. At the same time the accused is entitled to avail due legal remedies available to him for protection of his/

her personal liberty.

Therefore, in light of above legal position, it is not appropriate to stay the investigation in the matter, however, having regard to the above

submissions but without expressing any opinion on merits, it is directed that the investigation shall continue and the petitioners shall join the investigation

and shall appear before the Investigating Officer on or before 25-1-2021 and as and when he is called upon to do so. After completion of investigation,

the police report (challan/ FR) shall be presented before the concerned court. However, the petitioners shall not be arrested without prior notice of

seven days.

It is made clear that in case the accused petitioner/s fail to join the investigation, the Investigating Officer shall be free to arrest him/ them forthwith,

if so required, subject to bail order, if any.

Learned Public Prosecutor is directed to call for the status report of the investigation.

List the matter on 9-2-2021.