Disposed¶22

Trivikram Singh Rathore S/O Shri Dushyant Singh Rathore, v. State of Rajasthan

Rajasthan HC2 May 2026CRLMP/3784/2021

Case brief

AI extract

What is this about?

Quashing FIR 498-A/406 IPC counter-blast to divorce petition; S.482 CrPC inherent jurisdiction cannot test truth of FIR allegations; cognizable offence disclosed; fishing and roving inquiry barred; liberty to petitioner to file representation with documents before Investigating Officer; final report under S.173 CrPC; stay and pending applications disposed; Rajasthan High Court Jaipur; single judge Anoop Kumar Dhand; order dated 02/05/2026; no precedent cases cited.

What did the court decide?

Petition disposed of with liberty to the petitioner to submit a representation in the form of an application before the Investigating Officer along with relied-upon documents; stay application and all pending applications stand disposed of. ¶22

Trivikram Singh Rathore S/O Shri Dushyant Singh… — Cheating and Forgery | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the impugned FIR No.86/2021 registered with Police Station Mahila Thana, District Jaipur (East) for offences punishable under Sections 498-A and 406 IPC, allegedly lodged in counter-blast to the petitioner's divorce petition with false and fabricated allegations, ought to be quashed. +1 more

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Court's answer

Deeming it just and proper, the Court disposed of the misc. petition, granting the petitioner liberty to submit an appropriate representation in the form of an application before the Investigating Officer along with the documents upon which he places reliance.

¶20

Ratio / Principle

The FIR discloses commission of a cognizable offence; the High Court cannot examine the correctness of the allegations or conduct a fishing and roving inquiry into the truth while exercising its inherent jurisdiction under Section 482 Cr.P.C., as that task is assigned to the Investigating Officer.

¶19

Key takeaways

In case such representation is submitted, the Investigating Officer is expected to consider it in accordance with law and submit the report of conclusion of investigation under Section 173 Cr.P.C. before the concerned Court.ratio¶21

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), Anoop Kumar Dhand, J., disposed of S.B. Criminal Misc. (Petition) No.3784/2021 in which Trivikram Singh Rathore sought quashing of FIR No.86/2021 of Police Station Mahila Thana, District Jaipur (East), registered for offences punishable under Sections 498-A and 406 IPC, alleging it was lodged in counter-blast to his divorce petition against complainant-respondent Pallavi Singh. Holding that the FIR revealed commission of a cognizable offence and that the truth of the allegations cannot be probed through a fishing and roving inquiry under inherent jurisdiction (Section 482 Cr.P.C.), the Court left that exercise to the Investigating Officer, granted the petitioner liberty to submit a representation/application with relied-upon documents before the Investigating Officer, directed that it be considered in accordance with law with the final report to be filed under Section 173 Cr.P.C., and disposed of the petition along with the stay application and all pending applications.

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No.3784/2021

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Trivikram Singh Rathore S/o Shri Dushyant Singh Rathore, Aged About 46 Years, Resident Of Nayala House Moti Doongri Road, Jaipur (Raj).

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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Pallavi Singh W/o Trivikram Singh, Aged About 40 Years, At Present Resident Of Nayala House, Moti Doongri Road, Jaipur (Raj).

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----Respondents

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For Petitioner(s)	: Nonepresent
For Respondent(s)	: Mr. Jitendra Singh Rathore,PP

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JUSTICE ANOOP KUMAR DHAND

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Order

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02/05/2026

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By way of filing the instant criminal misc. petition, a prayer has been made to quash the impugned FIR No.86/2021 registered with the Police Station Mahila Thana, District Jaipur (East) for the offences punishable under Sections 498-A and 406 IPC.

¶14

It has been averred in the present petition that on account of a matrimonial disputes between the parties, a divorce petition was submitted by the petitioner against the complainant-respondent for dissolution of their marriage with the complainant and in counter-blast to the aforesaid, the instant impugned FIR has been lodged against the petitioner with false and fabricated allegations. Hence, a prayer has been made for quashing the impugned FIR.

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Per contra, learned Public Prosecutor opposes the prayer.

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[CRLMP-3784/2021]

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(2 of 2)

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Heard and considered the submissions.

¶19

Perusal of the allegations levelled in the impugned FIR reveals commission of cognizable offence and the correctness of the allegations cannot be examined or adjudged by this Court while exercising its inherent jurisdiction under Section 482 Cr.P.C. by conducting a fishing and roving inquiry to find out the truth behind the allegations levelled against the petitioner. Certainly, this task has been assigned to the Investigating Officer.

¶20

Considering the above facts and circumstances of the case, this Court deems it just and proper to dispose of the instant misc. petition, granting liberty to the petitioner to submit an appropriate representation in the form of an application before the Investigating Officer along with documents, upon which he is placing reliance.

¶21

In case, such representation is submitted by the petitioner before the Investigating Officer, it is expected from the Investigating Officer to consider the same in accordance with law and submit the report of conclusion of investigation under Section 173 Cr.P.C. before the concerned Court.

¶22

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

¶23

(ANOOP KUMAR DHAND),J

¶24

KuD/44

Trivikram Singh Rathore S/O Shri Dushyant Singh Rathore, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Trivikram Singh Rathore S/O Shri Dushyant Singh Rathore, 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

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