RAMJI LAL BAIRWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The renowned American poet H. W. Longfellow penned to the effect that a torn jacket might soon be mended, but a bruised heart of a child would be beyond reviviscence. Certainly, it contains the gospel truth as relates a child subjected to sexual assault, be it aggravated or penetrative; or any kind of sexual abuse or exploitation. It is more so, in the case of a female child as it may hound her and hack her family life.

(2.) May be a jinx on pedagogy unfortunate, unconscionable and unpardonable things happen, though not often-times. The following factual narration will unravel the raison d'etre for the above prelude: -

(3.) Obviously, the subject FIR was filed on 8/1/2022. The third respondent herein compromised the matter with the fourth respondent, who is the father of the victim, on 31/1/2022 and thereupon, moved S.B (Crl.) Misc. Petition No.1348/2022 before the High Court of Rajasthan at Jaipur under Sec. 482 of the Code of Criminal Procedure, 1973 (for short the 'Cr.P.C.'), seeking quashment of the said FIR and all further proceedings thereon. As per the impugned order dtd. 4/2/2022 the High Court, despite the opposition by the learned public prosecutor, allowed the said petition and quashed the subject FIR and all further proceedings in pursuance thereof. The impugned order would reveal that based on the fact that the 3rd respondent has settled the dispute amicably with the 4th respondent and relying on the decision of this Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, the High Court quashed the FIR and all further proceedings therefrom. The High Court held thus:-