Disposed¶21

Rajesh Kumar Verma S/O Shri Ganesh Lal v. State of Rajasthan

Rajasthan HC17 Mar 2026CRLMP/955/2021

Case brief

AI extract

What is this about?

S.B. Criminal Miscellaneous (Petition) No. 955/2021; Rajesh Kumar Verma v. State of Rajasthan & Victim; Rajasthan HC Jaipur Bench; Justice Anoop Kumar Dhand; order dated 17/03/2026; quashing of FIR No. 0007/2020, PS Renwal, Jaipur (Rural); Sections 143, 323, 452, 376 IPC; Sections 67, 67-A IT Act; Section 482 Cr.P.C. inherent power; Section 299 Cr.P.C. charge-sheet; affidavit of prosecutrix recanting rape allegations; FIR lodged under pressure from husband; cognizable offence disclosed; accused absconding; prosecutrix may testify in witness box; petition disposed of.

What did the court decide?

None; the prayer to quash the FIR was not acceded to. With the aforesaid observations the petition stands disposed of, and the stay application and all pending application(s) also stand disposed of. ¶21

Rajesh Kumar Verma S/O Shri Ganesh Lal Vs State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

None; the prayer to quash the FIR was not acceded to. With the aforesaid observations the petition stands disposed of, and the stay application and all pending application(s) also stand disposed of.

¶21

Issue for consideration

Whether FIR No. 0007/2020 (offences under Sections 143, 323, 452, 376 IPC and Sections 67, 67-A IT Act) can be quashed under the Court's inherent power under Section 482 Cr.P.C. on the strength of the prosecutrix's affidavit disowning the allegations and alleging the FIR was lodged under pressure from her husband.

¶13

Court's answer

An affidavit of the prosecutrix filed at this (quashing) stage has no bearing on the allegations levelled against the petitioner in the impugned FIR, since the allegations pertain to rape, a charge-sheet has already been filed under Section 299 Cr.P.C., and the petitioner has been absconding since registration of the FIR.

¶19

Ratio / Principle

Perusal of the impugned FIR reveals commission of a cognizable offence.

¶20

Key takeaways

The correctness/truth of the FIR allegations cannot be adjudged by this Court at this stage while exercising inherent power under Section 482 Cr.P.C.ratio¶20
If the prosecutrix does not wish to prosecute the petitioner, her course is to appear in the witness box and record her evidence before the concerned trial Court; this is an ancillary observation accompanying the refusal to quash.obiter¶20

Detailed headnote1 paragraphs

Criminal Miscellaneous Petition under Section 482 Cr.P.C. seeking quashing of FIR No. 0007/2020, Police Station Renwal, District Jaipur (Rural), for offences under Sections 143, 323, 452, 376 IPC and Sections 67, 67-A IT Act, founded on the prosecutrix's affidavit disowning the FIR (allegedly lodged under pressure from her husband). Held: (i) the affidavit filed at the quashing stage has no bearing on the FIR allegations, as the offence is rape, a charge-sheet has already been laid under Section 299 Cr.P.C., and the petitioner has been absconding since the FIR; (ii) the FIR contents disclose a cognizable offence whose correctness cannot be adjudicated in exercise of inherent power under Section 482 Cr.P.C. at this stage; (iii) the prosecutrix, if unwilling to prosecute, may depose before the trial Court. Petition disposed of accordingly; stay and pending applications disposed of. (Single Judge: Anoop Kumar Dhand, J.)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous (Petition) No. 955/2021

¶3

Rajesh Kumar Verma S/o Shri Ganesh Lal, Aged About 26 Years, Resident Of Ward No. 5, Manda Bhimsingh, Jaipur - 303604 (Rajasthan.).

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through The Learned Public Prosecutor.

¶7

Victim-, Aged About 29 Years, R/o-

¶8

----Respondents

¶9

For Petitioner(s)	: S. Mohd. Umer Alam for Mr. Tanveer
	Ahamad
For Respondent(s)	: Mr. Vivek Choudhary-PP
	Shree Ram Dhakar-PP

¶10

JUSTICE ANOOP KUMAR DHAND

¶11

Order

¶12

17/03/2026

¶13

By way of filing the instant petition, a prayer has been made to quash the impugned FIR No. 0007/2020 registered at Police Station Renwal, District Jaipur (Rural) for the offences under Sections 143, 323, 452, 376 of IPC and Sections 67 and 67-A of IT Act.

¶14

Counsel for the petitioner submits that the petitioner has not committed any offence whatsoever and he has been falsely implicated in the instant case. Counsel submits that as per the affidavit of the prosecutrix-"B" annexed with the petition, she has stated that no offence has been committed with her and the FIR has been registered by her under pressure from her husband.

¶15

[CRLMP-955/2021]

¶16

(2 of 2)

¶17

Per contra, learned Public Prosecutor opposed the prayer.

¶18

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

¶19

The filing of an affidavit of the prosecutrix at this stage has no bearing on the allegations levelled against the petitioner in the impugned FIR as the allegations pertain to the offence of rape, for which a charge-sheet has already been submitted against the petitioner before the competent Court of law under Section 299 Cr.P.C. and the petitioner has been absconding since the date of registration of the FIR.

¶20

Perusal of the contents of the impugned FIR reveal commission of a cognizable offence. The correctness of such allegations cannot be adjudged by this Court at this stage while exercising its inherent power contained under Section 482 Cr.P.C. 7. If the prosecutrix does not wish to prosecute the petitioner, she can appear in the witness box and record her evidence before the concerned Court accordingly.

¶21

With the aforesaid observations, the present petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of.

¶22

(ANOOP KUMAR DHAND),J

¶23

Ashu/8

Rajesh Kumar Verma S/O Shri Ganesh Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajesh Kumar Verma S/O Shri Ganesh Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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