Disposed¶26

Anish Kumar Saini S/O Shri Harkesh Mali, v. State of Rajasthan

Rajasthan HC14 Jul 2026CRLMP/2259/2023

Case brief

AI extract

What is this about?

Rajasthan High Court, Jaipur Bench; S.B. Criminal Miscellaneous (Petition) No.2259/2023 (URN: CRLMP / 4088U / 2023); decided 14/07/2026 by Justice Anoop Kumar Dhand; quashing sought of FIR No.692/2022, P.S. Kho-Nagoriyan, Jaipur (East), Sections 376(2)(n) and 384 IPC; prosecutrix compromised with petitioner during trial and was declared hostile; held hostile-witness declaration is not a ground for quashing; facts to be weighed by Trial Court; petition, stay application and pending applications disposed of; FIR not quashed.

What did the court decide?

No relief of quashing granted; the criminal misc. petition, stay application and all pending applications stand disposed of with observations directing the Trial Court to proceed on the record evidence and the prosecutrix's statements. ¶26

Anish Kumar Saini S/O Shri Harkesh Mali, Vs State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶26

Issue for consideration

Whether FIR No.692/2022 (P.S. Kho-Nagoriyan, Jaipur East; Sections 376(2)(n) and 384 IPC) and proceedings arising therefrom should be quashed in view of the prosecutrix having entered into a compromise with the petitioner during trial and having been declared hostile.

¶22

Court's answer

Declaration of a witness as hostile cannot be a ground for quashing of the proceedings.

¶24

Ratio / Principle

The facts that the prosecutrix did not support the prosecution version, was declared hostile, and had entered into a compromise with the petitioner would be appreciated by the Trial Court at the appropriate stage of the trial.

¶24

Key takeaways

As the main matter remains pending before the Trial Court, the Trial Court is expected to decide it on the basis of the evidence available on record and after considering the statements of the prosecutrix.obiter¶25

Detailed headnote1 paragraphs

S.B. Criminal Miscellaneous (Petition) No.2259/2023, decided 14/07/2026 by Anoop Kumar Dhand, J. (Rajasthan HC, Jaipur Bench). The petitioner sought quashing of FIR No.692/2022, P.S. Kho-Nagoriyan, District Jaipur (East) (offences punishable under Sections 376(2)(n) and 384 IPC), on the ground that during pendency of the trial the prosecutrix entered into a compromise with him, ceased supporting the prosecution version and was declared hostile. Holding that declaration of a witness as hostile cannot be a ground for quashing proceedings, and that the hostility/compromise facts would be appreciated by the Trial Court at the appropriate stage, the Court expected the Trial Court to decide the main matter on the evidence available on record and after considering the prosecutrix's statements, and disposed of the petition, stay application and all pending applications. FIR not quashed; trial to continue.

¶1

[2026:RJ-JP:26580]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous (Petition) No.2259/2023 URN: CRLMP / 4088U / 2023

¶4

Anish Kumar Saini S/o Shri Harkesh Mali, Aged About 19 Years, R/o Village Khanpur Basoda Kishani Bandarpura, Mahu Khurad ( Rural), Tehsil Gangapur City, Distt. Sawai Madhopur (Raj).

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through P.p.

¶8

Commissioner Of Police, Jaipur.

¶9

Acp Malviya Nagar, Jaipur City (East), Rajasthan.

¶10

Sh.o. Police Station Kho- Nagoriyan, Distt. Jaipur. 5. Investigation Officer, Fir No. 692/2022 Registered At Police Station Kho Nagoriyan, Distt. Jaipur.

¶11

Victim

¶12

----Respondents

¶13

For Petitioner(s) : Mr. Mukesh Kumar Verma For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Anil K. Sharma

¶14

JUSTICE ANOOP KUMAR DHAND

¶15

Order

¶16

14/07/2026

¶17

By way of filing the instant criminal misc. petition, a prayer has been made to quash the impugned FIR No.692/2022 registered at the Police Station Kho-Nagoriyan, District Jaipur (East) for the offences punishable under Sections 376(2)(n) and 384 IPC.

¶18

It has been apprised at Bar by learned counsels for the parties that during pendency of the trial, the prosecutrix has entered into a compromise with the petitioner and she has not

[2026:RJ-JP:26580]

[CRLMP-2259/2023]

(2 of 2)

supported the version of prosecution and as such she has been declared as hostile. Hence, a prayer has been made to quash the proceedings of the impugned FIR in view of the changed circumstances.

¶23

Heard and considered the submissions made at the Bar and perused the material available on record.

¶24

If the prosecutrix has not supported the version of the prosecution and she has been declared as hostile and if she was entered into compromise with the petitioner, these facts would be appreciated by the Trial Court at the appropriate stage of the trial. Declaration of the witness as hostile cannot be a ground for quashing of the proceedings.

¶25

Since the main matter is still pending before the Trial Court, it is expected from the Trial Court to decide the main matter on the basis of the evidence available on record and after considering the statements of the prosecutrix.

¶26

With the aforesaid observations, the instant criminal misc. petition, stay application as well as all pending applications, if any, stand disposed of.

¶27

(ANOOP KUMAR DHAND),J

¶28

8/Karan

Anish Kumar Saini S/O Shri Harkesh Mali, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Anish Kumar Saini S/O Shri Harkesh Mali, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Rameshwar S/O Shri Chothu, B/C Bagra Brahmin Vs Moolchand Sharma S/O Shri Phoolchand Sharma

Dinesh Kumar Son of Shri Ramswaroop Sharma, Vs State of Rajasthan

Gajendra Vyas S/O Ramavtar Vyas B/C Brahmin Vs State of Rajasthan

Ashok Meena S/O Kailash Meena, Vs State of Rajasthan

Radhey Shyam Meena S/O Shri Kalyan Meena Vs State of Rajasthan

Ramesh Singh Vs State of Rajasthan through Pp