Mohd. Azam S/O Mohd. Aslam vs State Of Rajasthan
2021 Latest Caselaw 2556 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 3201/2021

Mohd. Azam S/o Mohd. Aslam, Aged About 25 Years, Resident Of
Thathar Road, Amer, Jaipur (Rajasthan).
                                                                      ----Petitioner
                                   Versus
1. The State of Rajasthan through its Public Prosecutor
                                                                .....Non-Petitioner.
2. Victim d/o Shri Paresh Barman, r/o D3, Gali No.2, Sarsvati
Nagar, Sushil Pura, Sodala, Jaipur (Raj.)
                                            .........Complainant-Respondent

For Petitioner(s) : Mr. Gaurav Singh through Video Conferencing For State : Mr. Atul Sharma, PP

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

01/07/2021

In this petition filed under Section 482 Cr.P.C. for quashing

the F.I.R. No.145/2021 dated 07.04.2021 registered at Police

Station Shyam Nagar, Jaipur City (South), learned counsel for the

petitioner submitted that on earlier occasion also, an F.I.R.

No.229/2020 dated 21.10.2020 came to be lodged by

Complainant-Respondent No.2 against him at Police Station Ashok

Nagar, Jaipur City (South) levelling similar allegation that she was

subjected to sexual harassment on the false pretext of marriage

and also under the threat of blackmail. He submitted that vide

order dated 25.02.2021, this Hon'ble Court quashed the aforesaid

F.I.R. in S.B. Criminal Misc. (Petition) No.1240/2021 on the basis

of compromise between the parties. Learned counsel for the

petitioner referred an agreement dated 31.03.2021 (Annexure-4)

(2 of 2) [CRLMP-3201/2021]

which reflects registration of two more first information reports by

the complainant against the petitioner and their amicable

settlement. Learned counsel for the petitioner submitted that

within a week of the settlement dated 31.03.2021, only to harass

and victimize the petitioner, the present F.I.R. has been lodged

against him which contains similar allegations as levelled in the

earlier F.I.Rs.

Relying on the judgment of the Hon'ble Apex Court of India

in cases of Uday versus State of Karnataka reported in (2003)

45 SCC 46 and judgment of this Court in case of Chaina Ram

versus State of Rajasthan and Ors. reported in 2017 (3) WLN

405 (Raj.), learned counsel for the petitioner prayed for quashing

the F.I.R.

Issue notice to Respondent No.2.

List on 19.07.2021.

Learned Public Prosecutor is directed to procure the case

diary and status report of the investigation.

(MAHENDAR KUMAR GOYAL),J

ARTI/AMIT/58

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