Rajasthan High Court - Jodhpur
Rohan Suthar vs State on 13 January, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6192/2021
Rohan Suthar S/o Anil Kumar, Aged About 28 Years, R/o
Kheroda, Tehsil Girwa, (Vallabh Nagar) District Udaipur.
----Petitioner
Versus
1. State, Through The Secretary Of Home Affairs
Department, Government Of Rajasthan, Jaipur.
2. Rekha Kumari W/o Shiv Lal Janwa, Aged About 25 Years,
R/o Itlai, Panchayat Samiti Mavli, Police Station Vallabh
Nagar, District Udaipur.
----Respondents
For Petitioner(s) : Mr. VLS Rajpurohit (through VC)
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
13/01/2022
This criminal misc. petition under Section 482 CrPC
has been filed by the petitioner with a prayer for
quashing of FIR No.101/2021 lodged at Police Station
Vallabh Nagar, Distt. Udaipur.
(2 of 4) [CRLMP-6192/2021]
The aforesaid FIR is lodged by the complainant-
respondent No.2 alleging that the petitioner was known
to her, however, while administering some intoxicated
substance, he clicked her photographs and after her
marriage, is blackmailing and threatening her that she
should leave the house of her in-laws and start living with
him. It is also alleged that the petitioner is forcing the
complainant to have physical relationship with him. It is
further alleged that the petitioner is threatening the
complainant that he will send her photographs with him
to her relatives and will also do everything to destroy her
marriage.
Learned counsel for the petitioner has submitted that
as a matter of fact, the complainant had solemnized
secret marriage with the petitioner in the year 2018
without informing her parents. After solemnizing
marriage with the petitioner, the complainant started
living with her parents and her parents got her married
on 27.4.2021 to some other person. Thereafter, the
petitioner has filed a Habeas Corpus Petition before this
Court and annexed his photographs with the complainant
along with a marriage agreement, however, when the
complainant's in-laws came to know about the same,
they threatened the petitioner with dire consequences
(3 of 4) [CRLMP-6192/2021]
and ultimately the impugned FIR has been lodged against
the petitioner levelling false allegations. Learned counsel
has submitted that there was no occasion for the
petitioner to blackmail the complainant on the basis of
the said photographs because the same were already
annexed with the Habeas Corpus Petition filed before this
Court and were available in public. Learned counsel has
submitted that the petitioner has neither tried to contact
the complainant at any point of time after her marriage
nor threatened or blackmailed her. It is submitted that
since the impugned FIR has been lodged by the
complainant under pressure of her in-laws, the same is
liable to be quashed.
Per contra, learned Public Prosecutor has opposed
this criminal misc. petition.
Heard learned counsel for the parties; gone through
the contents of the impugned FIR as well as the case
diary, wherein the complainant and her husband had
specifically alleged that the petitioner went to the house
of complainant's in-laws and threw there some of his
photographs with the complainant. The complainant has
also alleged that the petitioner is blackmailing and
threatening her to leave house of her in-laws.
(4 of 4) [CRLMP-6192/2021]
Having gone through the contents of the FIR and
after perusal of the case diary, I do not find any case for
quashing the impugned FIR.
Hence, this criminal misc. petition being bereft of
any force is hereby dismissed.
Stay petition is also dismissed.
(VIJAY BISHNOI),J
14 - ms rathore
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