Rajendra Kumar and Another vs The State and Another

R.S. Chauhan, J.—The accused petitioners have prayed for quashing of FIR No. 196/2012 registered at Police Station Shrimadhopur, District Sikar for the offence u/s 294, 541, 354, 509 IPC and Section 67/67A of Information Technology Act. The learned counsel for the petitioner has vehemently contended that earlier the petitioners had lodged a FIR against one Harlal, a relative of the prosecutrix. Smt. Brahma Devi. Since an animosity existed between the prosecutrix''s family and the petitioners, therefore she lodged a false FIR against them. According to him in the FIR she does not level any allegation of being ravished or being sexually exploited. Since the FIR has been lodged in order to wreak personal vengeance, the same deserves to be quashed.

In S.B.Cr. Misc. Petition 2695/2012 emanating out the same FIR, by order dated 7.11.2012 this Court had directed that the statement of the prosecutrix should be recorded u/s 164 Cr.P.C. The same has been done. Her statement u/s 164 Cr.P.C. is available before this Court.

In the said statement she has alleged that not only was her modesty outraged, but most importantly she was physically exploited by the petitioners.

Considering this statement, by order dated 11th January, 2013, this Court had issued certain directions to the Police department to initiate disciplinary inquiry against the Investigating Officer Mr. Karan Singh Khangarot. Since the files of both the cases are connected and are tagged together the said order is also available before this Court.

It is, indeed, tried to state that the jurisdiction of this Court in quashing of FIR is extremely limited one. The FIR along with statement of 161 & 164 Cr.P.C. go to show that prima facie the offence u/s 376 IPC is alleged against the present petitioners. The domain of investigation belongs to the police. In catena of cases the Hon''ble Supreme Court is of the opinion that the High Court in its inherent jurisdiction should not interfere with investigation. This opinion is more pertinent when the allegation is for an offence as serious as Section 376 IPC. Therefore, this Court does not find any merit in the present petition. The present petition is hereby dismissed. The Registry is directed to detach the file of present petition from S.B.Cr. Misc. Petition No. 2695/2012.