Rajasthan High Court - Jaipur
Gopal Gurjar And Ors vs State Of Rajasthan And Anr on 26 August, 2013
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER Gopal Gurjar & ors. Vs. State of Raj. & Anr. S. B. Cr. MISC. PETITION NO. 1679/2013. under Section 482 Cr.P.C. for quashing the FIR No. 156/2013 registered at Police Station Chaksu, Distt. Jaipur for offence under Section 394 IPC. Date of Order: 26th August, 2013. PRESENT HON'BLE MRS. JUSTICE NISHA GUPTA Mr Shribhan Gurjar, for petitioners. Mr JR Birjania, Public Prosecutor. BY THE COURT
This Misc. Petition under Section 482 Cr.P.C. has been filed for quashing the FIR No.156/2013 registered at Police Station Chaksu, Distt. Jaipur for the offence under Section 394 IPC.
2. The brief facts of the case are that on 14.4.2013 FIR No. 156/2013 came to be registered at Police Station Chaksu Distt. Jaipur for the offence under Section 394 IPC against the present petitioners but it has been stated in the petition that later on it was realized by the complainant that FIR has been lodged under misunderstanding. He submitted an application along with an affidavit to the Police Station and made a request to withdraw that complaint, but the police has not submitted the final report, hence this petition has been filed as the continuation of other proceedings against the petitioner is abuse of the process of the Court and waste of time of the authorities, hence the FIR No.156/2013 be quashed.
3. Heard the learned counsel for the petitioners and perused the FIR as well as the documents presented by the counsel for the petitioners.
4. The bare perusal of the FIR reveals that it contained the allegations as regards to the commission of the cognizable offence whether these facts have been narrated by way of misunderstanding or with any other motive are not the domain of the Court. The court will not go into the falsity or genuineness of the allegations contained in the FIR.
5. The contention of the present petitioners is that complainant had moved an application before the Investigating Officer along with application. If that is the case, the Investigation Officer is competent to investigate on the facts contained in the alleged affidavit and when the investigation is proceeding, there is no reason to quash the FIR abruptly without asserting the genuineness of the facts, hence the petition is misconceived and liable to be rejected.
Accordingly, the petition is dismissed.
(NISHA GUPTA),J.
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