Anwar Kahn vs State Of Rajasthan
2025 Latest Caselaw 9338 Raj

Rajasthan High Court - Jodhpur

Anwar Kahn vs State Of Rajasthan on 25 March, 2025

Author: Farjand Ali

Bench: Farjand Ali

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc(Pet.) No. 2470/2025

1.     Anwar Khan S/o Sh. Fate Mohammad, Aged About 33
       Years, R/o Sargaro Ki Basti, Sam, Jaisalmer, District-
       Jaisalmer (Raj.)
2.     Ileeyas Khan S/o Sh. Ismaeel Khan, Aged About 34
       Years, R/o Sargaro Ki Basti, Sam, Jaisalmer, District-
       Jaisalmer (Raj.)
3.     Saleem S/o Janab Khan, Aged About 32 Years, R/o
       Sargaro Ki Basti, Sam, Jaisalmer, District- Jaisalmer (Raj.)
                                                                  ----Petitioners
                                   Versus
1.     State Of Rajasthan, Through Pp
2.     Smt Anjana Pachauri, R/o Laxmi Chand Colony Jaisalmer,
       District Jaisalmer (Raj)
                                                                ----Respondents


For Petitioner(s)        :     Mr. Ram Singh Rawal
                               Ms. Komal R. Verma
For Respondent(s)        :     Mr. Vijay Rajpurohit, P.P.



             HON'BLE MR. JUSTICE FARJAND ALI

Order

25/03/2025

1. The victim is of 29 years old grown up married lady which is

very much evident from the FIR itself where name of her husband

- Ashok Kumar Sharma is mentioned. The endorsement made in

the FIR speaks about seducing her on account of false promise of

marriage continuously for four years.

2. Learned counsel places reliance upon the judgment passed

by the Hon'ble Supreme Court in the case of Prashant Bharti Vs.

State of NCT of Delhi; [2013] 1 S.C.R. 504 and would contend

that when the victim was already married to someone, then she

(2 of 2) [CRLMP-2470/2025]

could not marry again until existence of previous wedlock, and

thus, the FIR has been lodged on a false pretext. Learned counsel

drew attention of this Court towards deed dated 25.07.2022

entered into between the parties affirming their relationship and

cohabitation under one roof for a considerable period.

3. Issue notice, returnable within four weeks.

4. Considering the submissions made and also taking guidance

from the latest judgment passed by Hon'ble the Supreme Court in

the case of Johthi Ragawan Vs. State through Inspector of

Police; SLP No.6821/2024 decided on 24.03.2025, this Court

feels that interference should be made to prevent the abuse of

process of law.

5. In the meanwhile, no coercive action shall be taken against

the petitioners in connection with the FIR No.37/2024 registered

at Police Station Mahila Thana, District Jaisalmer.

(FARJAND ALI),J 215-AnilKC/-

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