KISHORE KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this petition under Sec. 482 of Cr.P.C. for quashing the FIR No.0164/2022 registered at Police Station Ramsin, District Jalore for the offence under Ss. 365, 376, 376(2)(n) of IPC.

(2.) Learned counsel for the petitioner submits that initial a missing person report was lodged by the father of the prosecutrix and when the prosecutrix was recovered, she did not level any allegation against the petitioner regarding commission of rape. Even in the proceedings under Sec. 197 Cr.P.C. before the court of SDM, the prosecutrix never levelled any allegation of commission of rape against the petitioner. Counsel submits that now a false FIR has been lodged by the prosecutrix against the petitioner with the allegation of commission of rape. Counsel further submits that the age of the prosecutrix was about 19 years but a false averment has been made that she was only 16 years of age. In such circumstances, FIR lodged against the petitioner being frivolous, may be quashed.

(3.) Per contra, learned Public Prosecutor submits that specific allegation has been levelled against the petitioner in the FIR that the petitioner had committed rape with the prosecutrix.