RAMKESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. petition under Section 482 Cr.P.C. has been filed by the accused-petitioner praying that FIR No. 216/2012 registered at Police Station Raini, District Alwar for the offences under Sections 366 and 376 IPC may be quashed and set aside.

(2.) Brief facts of the case are that the prosecutrix-wife of Sriman Meena lodged an FIR No. 216/2012 at Police Station Raini, District Alwar for the offences under Sections 366 and 376 IPC against the accused-petitioner and another persons alleging therein that they forcibly took her in the jeep and the petitioner committed rape with her. During the course of investigation, the police recorded the statement of the prosecutrix. Thereafter, the statement of the prosecutrix was recorded by the learned Magistrate, Rajgarh and she leveled allegations against the petitioner for committing rape. Thereafter, the complainant moved an application before the learned Trial Court for recording her statement again, but that application has been rejected by the concerned Court. Then, again the prosecutrix-complainant moved an application before the learned Chief Judicial Maigstrate, Alwar with the prayer that the prosecutrix may be allowed to give statement under Section 164 Cr.P.C. again and to appoint the Magistrate, but the learned Chief Judicial Magistrate, Alwar vide its order dated 02.03.2013 dismissed the application filed by the prosecutrix for recording the statement again under Section 164 Cr.P.C. Then, on 18.06.2013 learned Civil Judge(Senior Division) & Additional Chief Judicial Magistrate, Rajgarh recorded the statement of the prosecutrix. In that statement, the prosecutrix stated that the petitioner has not committed rape with her and earlier she made allegations against the petitioner as at that time she was suffering from mental disease and now she does not want to proceed against the accused-petitioner. Hence, the accused-petitioner has preferred this misc. petition for quashing the FIR No. 216/2012 registered at Police Station Raini, District Alwar.

(3.) Learned counsel for the accused petitioner vehemently contended that the impugned FIR lodged against the petitioner is ex-facie illegal and abuse of process of law, therefore, to meet the ends of justice the same deserves to be quashed and set aside. The allegations made in the FIR are so absurd and inherently improbable, on the basis of which, no prudent person can over reach to a just conclusion that there is sufficient ground to proceed against the petitioner. The petitioner is an innocent person and has been falsely implicated by the complainant in the present case as her mental condition at the time of lodging FIR was not fit. Learned Court below recorded the statement of the prosecturix in which she has not leveled any allegation against the petitioner and the prosecutrix does not want to prosecute the petitioner. Therefore, impugned FIR is liable to be quashed as no case against the petitioner is prima facie made out. Now, no useful purpose would be served to continue the investigation of the proceedings against the petitioner. So, the learned counsel for the petitioner prayed that the impugned FIR may be quashed and set aside.