Dismissed

Neeraj Khandelwal S/O Shri Shambhu Dayal Khandelwal v. State of Rajasthan

Rajasthan HC22 Aug 2023CRLMP/128/2022

Case brief

AI extract

What is this about?

The High Court dismissed a petition under Section 482 Cr.P.C. seeking to quash an FIR filed for offences under Sections 323, 341, 354 and 354B IPC. Applying the precedent set in State of Haryana v. Bhajan Lal, the court held that no sufficient ground existed to quash the proceedings as a charge-sheet had already been filed.

What the court decided

AI extract

Neeraj Khandelwal S/O Shri Shambhu Dayal Khandelwal Vs… — Quashing and FIR | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 128/2022

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Neeraj Khandelwal S/o Shri Shambhu Dayal Khandelwal, Aged About 40 Years, Resident Of Flat No. 2151, Block 38, Rangoli Garden, Police Station Karni Vihar, Jaipur ( West), Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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Smt. Pallavi Mindha W/o Shri Deepak Mindha, Aged About 35 Years, Resident Of 1057, Maharana Pratap Marg, Block 15, Rangoli Garden, Jaipur.

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----Respondents

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For Petitioner(s)	: Ms. Pallavi Pareek for
	Ms. Nidhi Khandelwal
For Respondent(s)	: Mr. Suresh Kumar, PP
	Mr. Amit Ratnawat

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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22/08/2023

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Learned Public Prosecutor has submitted the factual report of the investigation No.2445 dated 24.04.2022. The same be taken on record.

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The instant petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.457/2021 registered at Police Station Karni Vihar, Distt. Jaipur (West) for the offence under Sections 323, 341, 354 & 354B IPC.

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It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He has nothing to do with the alleged offences. The impugned FIR has been lodged just only to harass the petitioner. In view of all the facts

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(2 of 2) [CRLMP-128/2022]

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and circumstances of the case, the present FIR and all the consequential proceedings deserve to be quashed and set aside.

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Learned Public Prosecutor and learned counsel for the complainant-respondent have vehemently opposed the miscellaneous petition filed by the petitioner.

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Looking to the overall facts and circumstances of the case more particularly the factual report of the investigation as per which charge-sheet under Sections 323 & 341 IPC has been filed against the present petitioner and other material available on record and in the light of the judgment passed by Hon’ble the Supreme Court in the case of State of Haryana & Ors. v. Bhajan Lal & Ors. [(1992) AIR SC 604], no such ground has been established so that the proceedings in question can be quashed. As a result, there are no sufficient and valid reasons to quash the First Information Report of the case and all other proceedings in pursuance thereof.

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Accordingly, the instant criminal miscellaneous petition filed under Section 482 Cr.P.C. is dismissed being devoid of merits.

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(VINOD KUMAR BHARWANI),J

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SAHIL SONI /526

Neeraj Khandelwal S/O Shri Shambhu Dayal Khandelwal v. State of Rajasthan

Case brief

What is this about?

What the court decided

Neeraj Khandelwal S/O Shri Shambhu Dayal Khandelwal v. State of Rajasthan

Case brief

What is this about?

What the court decided

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