Dilip Chhattawani vs State Of Rajasthan
2021 Latest Caselaw 17746 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Criminal Misc(Pet.) No. 5139/2021

Dilip Chhattawani

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Karmendra Singh For Respondent(s) : Mr. AR Chaudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

25/11/2021

Learned counsel for the petitioner submits that it would

reveal from a bare perusal of the FIR that the allegations levelled

therein are patently false, absurd and inherently improbable, on

the basis of which, no prudent person can ever reach to a

conclusion that alleged offence might have been committed. He

asserts that there was a transactional dispute between the parties,

but when the relationship became sore, just to settle the score,

impugned FIR has been lodged.

Learned counsel drew attention of this Court towards some

chat exchanged in between the parties clearly showing a

transactional dispute in between the parties. He further submits

that the prosecutrix is a grown up married lady. The alledged

incident said to have taken place on 26.04.2021, however, the

matter came to be reported to the police on 20.08.2021 and no

satisfactory explanation has been furnished in respect of the

inordinate delay occurring in lodging of the FIR.

(2 of 2) [CRLMP-5139/2021]

He submits that the manner in which the incident said to

have taken place does not inspire confidence and the case of the

present petitioner is squarely covered by judgment of Hon'ble

Supreme Court rendered in the case of State of Harayan Vs.

Bhajan Lal [AIR 1992 SC 604].

Per contra, learned Public Prosecutor submits that there are

clear allegations of rape against the present petitioner, therefore,

the plea of quashing of FIR is not tenable at this stage. He further

submits that prosecutrix in her statement recorded under Sections

161 and 164 of the Cr.P.C has unequivocally asserted the fact that

she was ravished by the petitioner.

Heard. Perused the case diary, more particularly, the

statement recorded under Section 164 of the Cr.P.C.

The matter requires consideration.

Issue notice to the respondents.

Learned Public Prosecutor accepts notice on behalf of

respondent State.

Notice be issued to respondent No. 2.

List after eight weeks.

Meanwhile, final report shall not be submitted without prior

approval of this Court.

(FARJAND ALI),J

12-Faheem/-

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