Rajasthan High Court - Jaipur
Banshidhar S/O Shri Panna Ram vs State Of Rajasthan on 25 September, 2019
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4876/2019
1. Banshidhar S/o Shri Panna Ram, Aged About 60 Years,
B/c Jat, R/o Village Santoshpura, Police Station Ringus,
District Sikar, Raj.
2. Mooli Devi W/o Shri Banshidhar, Aged About 58 Years, B/c
Jat, R/o Village Santoshpura, Police Station Ringus,
District Sikar, Raj.
3. Ghoti Devi W/o Shri Ganpat Ram, Aged About 80 Years,
B/c Jat, R/o Village Dukiya, Police Station Khatu Shyamji,
District Sikar, Raj.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp.
2. Jagdish S/o Shri Govind Ram Jat B/c Jat, R/o Village
Santoshpura, Police Station Ringus, District Sikar, Raj.
----Respondents
For Petitioner(s) : Mr. Sultan Singh Kuri For Respondent(s) : Mr. C.G. Chopra, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 25/09/2019
1. Petitioners have been preferred this misc. petition seeking quashing of FIR No.293/2019 registered at Police Station Ringus, District Sikar(Raj.).
2. It is contended by counsel for the petitioner that as per the allegations petitioners only show girls to the complainant for marriage of complainant and his brother. Marriage took place on 19.07.2018. Both the girls left the house in May, 2019. Complaint has been lodged on 10.06.2019 after an inordinate delay. It is also contended that the reason for the girls leaving the house is not (Downloaded on 06/06/2021 at 09:57:04 PM) (2 of 2) [CRLMP-4876/2019] known to the petitioners. Petitioners are senior citizen who have been made accused in this case.
3. I have perused the FIR.
4. There is specific allegations in the FIR that petitioners have stated wrong facts and they have taken a sum of Rs.13 lakhs from the complainant on account of marriage. FIR discloses commission of cognizable offence.
5. Apex Court in "Dineshbhai Chandubhai Patel vs. State of Gujarat & Ors. 2018 (3) SCC Page 106." has held that the High Court at this stage could not appreciate the evidence nor could draw its own inferences and such job is vested with the Investigating Authority. The Apex Court further observed that if the FIR discloses prima facie commission of any cognizable offence, High Court should stay its hand and allow the investigating machinery to step in to initiate the probe to unearth the crime in accordance with the procedure prescribed in the Code.
6. This court is not inclined to allow the criminal misc. petition seeking quashing of FIR. The same is dismissed.
7. Stay application stands disposed.
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