SHANKER LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present misc. petition has been filed by the petitioner for quashing of FIR No.7/2023, registered at Police Station Kuchera, Distt. Nagaur for offence under Ss. 363 of IPC and Sec. 3(2)(va) of SC/ST Act.

(2.) The complainant-respondent No.2 submitted a written report before the SHO, Police Station Kuchera, Distt. Nagaur on 5/1/2023 alleging therein that one Chhotu Ram had instigated his daughter, Pooja, and took her in the night of 3/1/2023. It has also been mentioned in the complaint that the so-called person, Chhotu Ram also took away his minor daughter previously on 20/12/2022 and left his daughter back to Kuchera. On this report, an FIR was registered for offence under Sec. 363 of IPC and Sec. 3(2)(va) of SC/ST Act.

(3.) Learned counsel for the petitioner submits that the prosecutrix went along with co-accused Chhotu Ram thrice. The allegations in the present FIR are against Chhotu Ram only and the name of the present petitioner has not been mentioned therein. In fact, the prosecutrix turned hostile with respect to Chhotu Ram in three FIRs registered earlier by the respondent No.2. Now, for the first time, the prosecutrix has made an allegation against the present petitioner, which is absolutely false. It is further contended that the respondent No.2, father of the prosecutrix, gave an affidavit that his daughter went from his house with Chhotu Ram only and Shankar Lal (Present petitioner) has not committed any offence. In these circumstances, it is prayed that the present FIR may be quashed.