JUDGMENT : Dinesh Mehta, J. 1. Petitioners have invoked inherent powers of the Court conferred by Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of the FIR No. 77/2022, P.S. Pratap Nagar, Bhilwara, which has been registered against the petitioners for the offences under Sections 450, 376-D, 376(2)(n), 354, 506, 365, 323 & 120-B of Indian Penal Code. 2. Though the allegations of sexual assault are against petitioner No. 9 (Bhanwar Singh Palada) the complainant has roped in other persons as well in the FIR. 3. The facts relevant are rather unusual and startling. 4. The complainant is a Sub-Inspector in Police Department, who wrote a long letter/complaint to the Superintendent of Police, Bhilwara on 28.01.2022 narrating various incidents including that the present petitioner No. 9 (Bhanwar Singh Palada) raped her at 7 pm in her quarter on 13.12.2018 and thereafter realising his guilt promised to marry her. It was stated in the complaint that the petitioner No. 2 had retained obscene photographs of her and the incident and thereafter started harassing her and under the threat of making those photographs viral and under false promise of marriage, he had committed sexual assault on various occasions, including on 04.12.2020, 05.12.2020 and 10.04.2021. 5. Pursuant to the complaint which was handed over on 28.01.2022, an FIR came to be registered in P.S. Pratap Nagar, Bhilwara at 10:17 am on 29.01.2022. 6. It is not in dispute that immediately after writing the aforesaid letter/complaint to the Superintendent of Police, Bhilwara, the complainant had written another letter on 28.01.2022 itself, at 11.30 pm, in which she stated that she wanted to withdraw her complaint. 7. Upon the FIR so registered, Ms. Chanchal Mishra, Additional Superintendent of Police, Bhilwara was appointed as the Investigating Officer. 8. The petitioner preferred the present petition on 09.02.2022 essentially on the basis of compromise but other grounds have also been raised including that the FIR has been lodged vindictively and that the complaint ought not to have been registered, as within two hours of making the complaint, the complainant had withdrawn it by writing a letter to the Superintendent of Police that she did not wish to pursue the complaint. 9. On 16.02.2022, the very first date of hearing Mr. 9. On 16.02.2022, the very first date of hearing Mr. A.K. Jain, learned counsel appeared for the complainant-respondent No. 3 and informed the Court that the petitioners and the complainant have settled the dispute amicably and the complainant does not want to press the allegations levelled against the petitioners. 10. Having noted such submissions, on 16.02.2022, a co- ordinate Bench of this Court passed the following order: "This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners with the prayer for quashing FIR No. 77/2022 of Police Station Pratap Nagar, District Bhilwara on the basis of compromise arrived at between the parties. Learned counsel for the petitioners as well as learned counsel for the complainant-respondent No. 3 have submitted that the parties have already settled their dispute amicably and on the basis of it the complainant-respondent No. 3 does not want to press the charges levelled against the petitioners. In view of above, the petitioners as well as the complainant-respondent No. 3 are directed to appear before the Investigating Officer, who is investigating into the allegations levelled in the impugned FIR on or before 23.02.2022 and thereafter as and when called for. The Investigating Officer shall verify the factum of compromise arrived at between the parties and thereafter submit a factual report before this Court on the next date of hearing. List on 03.03.2022. Meanwhile, no coercive action shall be taken against the petitioners till next date." 11. On 04.03.2022 Ms. Jyeshtha Maitre, Additional Superintendent of Police, Bhilwara, the Investigating Officer appeared before this Court. Having regard to the nature and seriousness of accusation and the person(s) involved, this Court was not inclined to quash the FIR apprehending that the complainant may have been under some pressure to enter into the compromise. Hence, while adjourning the matter to 22.03.2022, the Investigating Officer was asked to look into the matter and to ensure that no coercion or pressure has been exerted upon the complainant. 12. On 08.04.2022, considering the submissions made by the Investigating Officer, this Court had directed the complainant- prosecutrix to remain present in the Court on the next date i.e. 26.04.2022, but due to some reason or the other, the prosecutrix did not appear and the matter was adjourned to 24.05.2022. 13. The prosecutrix did appear whereupon the proceedings were taken in-camera. The proceedings of 24.05.2022 have been recorded thus: "1. 13. The prosecutrix did appear whereupon the proceedings were taken in-camera. The proceedings of 24.05.2022 have been recorded thus: "1. Pursuant to order dated 26.04.2022, the prosecutrix is present before the Court. 2. During Court's interaction, the prosecutrix categorically states that she has not been coerced or threatened to change her stand. 3. She further states that the information of sexual assault was given by her under misconception and pressure from higher officers(s). She reiterates that she had not been subjected to sexual assault as has already been deposed by her in the statements under Section 164 Cr.P.C., recorded by the Magistrate on 31.01.2022. 4. The Investigating Officer, present in the Court, informs that so far she has not been able to collect any incriminating material except the call details, which show that there has been telephonic conversation between petitioner No. 9 (Bhanwar Singh) and prosecutrix on a number of occasions. 5. The Investigating Officer, however, submits that she needs some time to further look in the matter. 6. List this case on 12.07.2022 (in-camera) at 2:00 pm. 7. Interim order shall continue till then." 14. The matter was thereafter listed on 12.07.2022 and 19.07.2022. Proceedings of 19.07.2022 are relevant, hence copied hereunder: "1. Having perused the record and upon consideration of the statement which the prosecutrix gave before this Court on 24.05.2022, this Court is of prima facie opinion that continuation of investigation in furtherance of the impugned FIR would amount to harassment not only of the petitioners but also of the prosecutrix. 2. That apart, the prosecutrix appeared before this Court and echoed her version noticed in her statements recorded under Section 164 of the Code before the Magistrate that the report in question was instituted under misconception and coercion; and that immediately after submitting the complaint and before registration of the FIR, she had requested the Investigating Officer not to proceed further. This Court is therefore, of the prima facie view that the FIR in question deserves to be quashed, not only on the basis of the compromise arrived at between the parties but also on its own merit. 3. This Court is not oblivious of the fact that the allegations against the petitioner No. 8 are of serious nature (sexual assault punishable under Section 376 of Indian Penal Code) and that the High Court should be slow in interfering in such matters. 4. 3. This Court is not oblivious of the fact that the allegations against the petitioner No. 8 are of serious nature (sexual assault punishable under Section 376 of Indian Penal Code) and that the High Court should be slow in interfering in such matters. 4. Learned Investigating Officer, present in the Court, submits that as per investigation so far done, she is likely to file a negative final report but before that, she needs to examine certain aspects of the matter, as desired/directed by the Inspector General of Police. 5. List this case on 28.07.2022 at 2:00 pm. 6. Till then, neither the petitioners nor the prosecutrix shall be called for interrogation or otherwise." 15. Today, the Investigating Officer has produced before this Court a print out/copy of certain comments said to have been made by the prosecutrix on the 'facebook wall' of the wife of the petitioner No. 9 and submitted that in view of the comments, which the prosecutrix has made on the 'facebook wall' of wife of the petitioner No. 9 (principal accused), it is apparent that the prosecutrix is still having grudge of sexual assault and consequential harassment meted out to her. 16. The Investigating Officer has prayed for further time to ascertain whether the prosecutrix is under some pressure or threat. 17. Mr. A.K. Jain, learned counsel appearing for the prosecutrix on the other hand reiterated that there is no pressure on the prosecutrix and prayed that the FIR under consideration be quashed, which will give end not only to the dispute but also to the agony of the prosecutrix, because of the pendency of the present FIR and her strained/spoilt relationship with her higher authorities. He submitted that the petitioner is being made a subject matter of internal dispute between the rival group(s) in police. 18. Heard and perused the case diary. 19. It is not in dispute that during the pendency of proceedings, the accused-petitioners and the complainant appeared before the Investigating Officer and gave their statements, in which the complainant clearly denied the factum of any sexual assault and also stated that she did not want to continue with the subject proceedings. 20. Mr. Heard and perused the case diary. 19. It is not in dispute that during the pendency of proceedings, the accused-petitioners and the complainant appeared before the Investigating Officer and gave their statements, in which the complainant clearly denied the factum of any sexual assault and also stated that she did not want to continue with the subject proceedings. 20. Mr. Muktesh Maheshwari, learned counsel for the petitioners highlighted that though immediately after handing over the complaint to the Superintendent of Police, the prosecutrix/ complainant herself had written a letter to the Superintendent of Police not to register the FIR, yet the same has been registered for the reasons best known to the police. 21. Mr. Maheshwari also underscored that not only in her statement under Section 161 Cr.P.C. but also those recorded under Section 164 Cr.P.C. before learned Magistrate on 31.01.2022, the prosecutrix had not only denied the factum of the incident but had gone to the extent of stating that the complaint was submitted by her under the pressure/persuasion of the then Additional Superintendent of Police - Ms. Chanchal Sharma, the Investigating Officer who has been harassing the petitioners instead of filing final report as per the statements. 22. Chanchal Sharma, the Investigating Officer who has been harassing the petitioners instead of filing final report as per the statements. 22. The statement of Prosecutrix recorded under 164 Cr.P.C. reads as under: ^^Ck;ku xokg vt vnkyrs tsŒ,eŒ,uŒVhŒ ,DV dslsl dksVZ uEcj 02 HkhyokM+k vkSj eqdnesa ,QŒvkbZŒvkjŒ 77@22 iqfyl Fkkuk la[;k Árkiuxj] HkhyokM+k vkjksi vkbZŒihŒlhŒ cuke 450] 376Mh] 376¼2½ ¼,u½] 354] 506] 365] 323] 120ch eSa gYQ ¼lkSxU/k½ ls dgrk gwa fd esjk uke lq'khyk dkBkr firk dk uke vgen dkBkrk dkSe esgjkr mez 34 o"kZ is'kk gky vkbZŒ,lŒihŒ vkWfQl HkhyokM+k fuoklh gky iqfyl ykbZu] DokVj uEcj rglhy ftyk&15 HkhyokM+kA uksV& ihfM+rk lq'khyk dkBkr tkjh lEeu dh vuqikyuk esa e; efgyk dkfuŒ ds vifLFkr vk;h ihfM+rk dks fcBk;k x;k o iwNk x;k fd D;k og fcuk fdlh Hk; ds c;ku nsus vk;h gS] ftl ij ihfM+rk us tkfgj fd;k fd og fcuk fdlh Hk; ds viuh LosPNk ls c;ku nsus vk;h gSA vr% ihfM+rk ds dFku mlds dgsuqlkj fuEukuqlkj ys[kc) fd;s x;s% 'kiFk fnyk;h x;h lEcfU/kr ,QŒvkbZŒvkjŒ esa tks vÁkFkhx.k gS oks o vU; crk, x;s gS buesa ls ,oa ,Mh'uy ,lŒihŒ xtsUæ flag tks/kk us fdlh us Hkh esjs lkFk xyr dke ugha fd;k vkSj uk gh eq>s ÁrkfM+r fd;kA esjs lkFk ,d "kM~;a= jpk x;k] ;s "kM~;a= ekpZ&vÁSy 2020 ds vkl&ikl dk gS tc eSa ikjksyh ,lŒ,pŒvksŒ dks ijs'kku djus dh fu;r ls esjh >wBh f'kdk;rsa djds eq>s ijs'kku fd;k] ml le; esa rRdkyhu ,lŒ,pŒvksŒ lkgc vkSj MhŒthŒihŒ lkgc ds le{k mifLFkr gksdj] viuh ifjosnuk,sa ÁLrqr djds voxr djok;k fQj Hkh ml le; esa eq>s 517 lhŒlhŒ vkSj ,d 16 lhŒlhŒ uksfVl fn;k x;k mlesa ls 517 lhŒlhŒ ds uksfVl 'kkfey QkbZy gq, vkSj ,d 16 lhŒlhŒ vHkh yfEcr gSA vkt ls 6 ekg igys ,Mh'uy ,lŒihŒ 'kkgiqjk Jherh papy feJk eSMe ls esjk lEidZ gqvkA lEidZ ds le; ,Mh'uy eSMe us eq>s crk;k fd ;s rsjs 17 vkSj 16 lhŒlhŒ tks gq, gS mlesa LFkkuh; fo/kk;d ds lkFk Hkoaj flag iykMk dk Hkh gkFk jgk gS vkSj >kdh ds lkFk esjs lkFk ,d vkSj "kM~;a= nqckjk jpk tkrk gSA ;s "kM~;=a iqfyl ifjokj dh vksj ls jpk tkrk gS ftlesa eq>sa dgk x;k fd vxj eSa crkÅ oSls&oSls rw pyrh tk,xh rks rsjs 16 vkSj 17 lhŒlhŒ nsus okyksa ds gky cqjs gks tk,xs blds ckn dqN fnu lkekU; ckrphr pyrh jgh fQj eSMe us ncko o'k ?kVukØe crk;k vkSj dgk fd eSa tSls crkÅ oSls&oSls vki djrs jgukA muds dgsuqlkj nckoo'k ,d ifjokj rS;kj fd;k vkSj muds dgsuqlkj gh eSMe dks tkap vf/kdkjh fu;qDr djok;k] mlh fnu eSMe ls esjh Qksu ij ckr gqbZ rks eSMe us dgk fd ;s ifjokj ,lŒihŒ lkgc HkhyokM+k dks is'k djuk] esjh ,lŒihŒ lkgc ls ckr gks x;h gSA fnukad 28-01-2022 le; 3%30 ihŒ,eŒ eSMe ds dgsuqlkj eSa Jh eku ,lŒihŒ lkgc dks ifjokj vkSj eSMe ds tkp vf/kdkjh fu;qDr gksus dk ÁkFkZuk i= is'k fd;k] mlh le; ,lŒihŒ lkgc us vius jhMj Hkqis'k th 'kekZ ,lŒvkbZŒ dks esjs lkeus gh esjs }kjk ÁLrqr ifjokj o ÁkFkZuk&i= dks ,d fyQkQs esa Mkydj] fyQkQk can dj xqIr :i ls ,lŒMhŒihŒ Árkiuxj dks fHktok;kA bl ?kVuk Øe ds laca/k esa tks eq>s cnuke djus dk "kM~;a= jpk x;k vkSj esjs ifjokj dks Hkh cnuke djus dk "kM~;a= jpk x;k mldh tkudkjh gqbZA tSls gh eq>s tkudkjh gqbZ fd Hkaojflag th iykM+k ,Mh'uy ,lŒihŒ xtsUæ flag tks/kk] ,Mh'uy ,lŒihŒ lat; xqIrk o vU; yksx ftudh orZeku ,Mh'uy ,lŒihŒ 'kkgiqjk ds VªkalQj ds laca/k esa dksbZ O;fDrxr }s"krk jgh tks fd papy th feJk gSA ftlds laca/k esa eq>s eksgjk cuke Ák;k rks eSusa ,lŒihŒ lkgc HkhyokM+k dks esjs ilZuy uEcj ls muds ilZuy uEcj ij Qksu fd;k ysfdu fdlh dkj.koa'k ,lŒihŒ lkgc us dkWy fjflo ugha fd;kA eSa mlh le; Jheku ,lŒihŒ lkgc ds fuokl ij jkf= esa 10%00&10%30 ds yxHkx igqaph tgka larjh dks crk;k fd lkgc ls feyuk gS] lUrjh us lkgc dks Qksu djds crk;k fd ,lŒvkbZŒ lq'khyk vkils feyuk pkgrh gS] mUgksaus dgk fd cSBd esa cSB tkvks rks larjh ds dgsuqlkj eSa ,lŒihŒ lkgc ds caxys ij cSBd esa cSB x;hA djhc 15&20 feuV ckn Hkqis'k th ,lŒvkbZŒ tks ,lŒihŒ lkgc ds jhMj gS oks vk, cSBd esa vkSj iwNk fd dSls vk, gks rks eSaus dgk fd Jheku ,lŒihŒ lkgc dks vkt nksigj ckn tks ifjokj is'k fd;k x;k ml ifjokj ij dk;Zokgh ugha pkgus ckcr~ ,d ÁkFkZuk&i= is'k djuk gS] rks mUgksaus ,lŒihŒ lkgc ds vkns'kkuqlkj eq>s dgk fd vki viuh xkM+h ls Dyc esa vkbZŒihŒ,lŒ T;s"Bk eSMe ds ikl pyks rks eSa viuh xkM+h ls T;s"Bk eSMe ds ikl igqaph] ihNs ls Hkqis'k th ,lŒihŒ lkgc ds jhMj ogka vk x,A T;s"Bk eSMe dks mDr ifjokn tks fnu esa x;k ml ij dk;Zokgh ugha pkgus ckcr~ ÁkFkZuk i= is'k fd;k] ftl ij t;s"Bk eSMe us mDr ifjokn ij ,lŒ,pŒvksŒ Árkiuxj dks dk;Zokgh LFkfxr djus dk vkns'k fyf[kr esa tkjh fd;kA T;s"Bk eSMe us ;s vkns'k jkf= 11%30 cts fn;k ftldks Hkqis'k th lj us rqjar ÁHkko ls ,lŒ,pŒvkŒ Árkiuxj dks is'k fd;kA blds ckn Jheku ,lŒihŒ lkgc ds LFkxu vkns'k ds i'pkr~ mDr ifjokn ij esjs }kjk fdlh Hkh Ádkj dh dksbZ Hkh dk;Zokgh pkgus ckcr~ dksbZ Hkh vkosnu ;k ÁkFkZuk&i= fdlh dks Hkh is'k ugha fd;k x;k] uk MhŒthŒihŒ lkgc dks uk ,lŒihŒ lkgc dks vkSj uk gh vuqla/kku vf/kdkjh dksA bl laca/k esa ,lŒ,pŒvksŒ Árkiuxj dks eSus Qksu djds crk;k fd lq'khy tks mDr ifjokn is'k fd;k Fkk ml ij jkf= esa LFkxu ds vkns'k eSMe ds gks pqds gS] vki ml ij fdlh Ádkj dh dksbZ dk;Zokgh er djuk] vxj vki mlesa ,QŒvkbŒvkjŒ ntZ djrs gS vkSj ehfM;k esa ok;jy djrs gS rks eSa tydj e#axh D;ksafd mlls eSa lekt esa th ugha ikÅaxh] esjs lkFk fdlh us ,slh dksbZ ?kVuk dh gh ugha gSA vxj vki Ádj.k ntZ dj jgs rks esjh ekSr ds ftEesnkj vki gksxsa D;ksafd eSaus nqckjk dk;Zokgh pkgus dk ÁkFkZuk&i= ugha fd;k] vkSj eSa dk;Zokgh ugha pkgrh gw¡A blds ckn eSaus vkbZŒthŒ lkgc vtesj dks muds ilZuy uEcj ij Qksu fd;k ysfdu ckr ugha gks ik;h rks eSaus mDr ifjokn ij ,QŒvkbZŒvkjŒ ugha djus ckcr~ tks fnukad 28-01-2022 dks is'k fd;k x;k Fkk tks 29-01-2022 dks 10%15 ,Œ,eŒ rd lqcg ifjokn :i esa Fkk ftl ij eSaus vkbZŒthŒ lkgc vtesj dks muds iluZy eksckbZy uEcj ij vkSj ilZuy esy vkbZŒMhŒ ij ifjokn ij dk;Zokgh ugha pkgus dk ÁkFkZuk&i= OgkV~Lvi vkSj esy fd;k vkSj vkQfQf'k;y esy vkbZŒMhŒ ij o ,lŒ,pŒvksŒ Árkiuxj ds OgkVvi uEcj o mudh vkQfQf'k;y esy vkbZŒMhŒ ij esy vkSj OgkVlvi fd;k] blds ckotwn ,lŒ,pŒvkŒ Árkiuxj eq>s Qksu djs crkrs gS fd Ádj.k ntZ dj fy;k x;k gS vki esfMdy djok yks rc eSaus crk;k fd lj eSaus jkr dks gh mDr ifjokn ij Ádj.k ntZ ugha djus dk ÁkFkZuk i= is'k dj fn;k gS ftl ij T;s"Bk eSMe us ,lŒihŒ lkgc ds vkns'k ij LFkxu vkns'k jkf= esa gh tkjh dj fn;k gS] blds ckotwn Hkh vki ls dk;Zokgh ij jgs gS] bl ckcr~ eSaus dk;Zokgh ugha pkgus dk ÁkFkZuk&i= vkbZŒthŒ lkgc vtesj dks ÁLrqr fd;k gS ftldh Áfr eSaus vkidks vkSj ,lŒihŒ lkgc HkhyokM+k dks Hkh OgkVLvi vkSj esy dj nh gSA bl ifjokn ij eq>s dksbZ dk;Zokgh ugha djuh gSA blds ckn papy feJk eSMe dks Qksu vk;k vkSj mUgksaus eq>s iwNk fd eSa dgka gwaA rks eSaus dgk fd eSa Dyc esa vk;h gqbZ gwa rks mUgksaus eq>s cksyk fd ogh :duk eSa ogha vk jgh gwa rks eSaus Qksu ij gh fuosnu fd;k eSMe] mDr ifjokn ij esjs ugha pkgrs gq, Hkh Ádj.k ntZ dj fy;k x;k gS tcfd ,lŒihŒ lkgc us jkf'k esa gh LFkxu vkns'k tkjh dj fn;k gS] bl laca/k esa eSaus vkidks vkids ilZuy uEcj ij vkSj esy vkbZŒMhŒ ij Hkh dk;Zokgh ugha pkgus dk ÁkFkZuk&i= esy vkSj OgkV~Lvi dj fn;k gS ysfdu fQj Hkh eSMe us eq>s cksyk fd Dyc esa vuqla/kku d{k esa feyks rks eSa vuqla/kku d{k esa igqaph vkSj eSMe ls feydj mDr ,QŒvkbZŒvkjŒ esa dk;Zokgh ugha pkgus ckcr~ ÁkFkZuk&i= is'k fd;k ftlesa vuql/kkau ds fy, thŒihŒlhŒ 161 ds c;ku ugha nsus] esfMdy ugha djokus] uD'kk ukSdk ugha cuokus dk ÁkFkZuk i= is'k fd;k rks eSMe us eq>s cksyk fd bl ÁkFkZuk&i= ij xokg ds lkbZu ykvks rks eSMe us ÁkFkZuk i= ij esjh NksVh cgu laxhrk ds lkbZu djok, vkSj eSus ÁkFkZuk&i= eSMe dks fn;kA blds ckotwn Hkh ,Mh'uy ,lŒihŒ 'kkgiqjk papy feJk eSMe us esjs tcjnLrh c;ku ysuk 'kq: dj fn;k ftlesa eSMe us eq>s ij c;ku nsus dk ncko cuk;k ysfdu thŒihŒlhŒ 161 ds c;ku cqjs ugha gq, gS rHkh esjs c;kuksa ds nkSjku gh esjk esfMdy djokus ds fy, MkWDVj dks ogha Dyc esa cqyok fy;k tks fd iq#"k MkWDVj Fkk rks eSaus cksyk fd eq>s esjk esfMdy ugha djokuk gS rks MkWDVj us cksyk fd eSa vkids f[kykQ fy[kwaxk rks eSus mDr esfMdy isij ij esjk esfMdy ugha djokus ckcr~ uksV Mky fn;kA blds ckn eSa esjs chekj firkth ds ikl pyh x;h] rks vuqla/kku vf/kdkjh us eq> ij ncko cuk;k mlh fnu HkhyokM+k iqfyl C;koj lnj igqaph vkSj vxys fnu esjs ?kj igqaph lEeu dh rkehy djokus] ftldh lwpuk esjs ?kjokyksa us eq>s ?kj vkus ij nhA mDr ifjokn ij esjs ugha pkgrs gq, Hkh ,QŒvkbZŒvkjŒ ntZ dj tcjnLrh vuqla/kku fd;k tk jgk gSA ,QŒvkbZŒvkjŒ ntZ gksrs gh lqcg mDr Ádj.k dh leLr lwpuk,a lks'ky ehfM;k ij pyh ftlls esjs eku&lEeku dks Bsl igqaph] esjs o esjs ifjokj dh Áfr"Bk fxj x;h tcfd le; jgrs gh eSa mDr ifjokn ij dk;Zokgh ugha pkgus dh ÁkFkZuk esjs mPp vf/kdkfj;ksa dks igys gh dj pqdh Fkh ysfdu blds ckotwn eq>s ekufld :i ls ÁrkfM+r fd;k tk jgk gSA bl "kM~;a= dk eq>s f'kdkj cuk;k tk jgk gS tcfd esjs }kjk ÁLrqr ifjokn ij eq>s dksbZ dk;Zokgh ugha pkfg,A ifjokn eSaus ,Mh'uy ,lŒihŒ papy feJk ds dgsuqlkj fy[kk FkkA bl Ádj.k dh lwpuk,a lks'ky ehfM;k ij ok;jy gksus ds ftEesnkj vuqla/kku vf/kdkjh] papy feJk gS vkSj ,lŒ,pŒvksŒ Árkiuxj Hkh gSA ,lŒ,pŒvksŒ Árkiuxj us ,lŒihŒ lkgc ds vkns'kuqlkj ,QŒvkbZŒvkjŒ ntZ dh tcfd Jh Hkaojflag th iykM+k us esjs lkFk ,slk dqN Hkh ugha fd;kA Hkaojflag iykM+k us esjs lkFk fdlh Ádkj dk nq"deZ ugha fd;kA mlh fnu Hkaojflag iykM+k ds csVh dh 'kknh gqbZ FkhA uksV& ihfM+rk lq'khyk dkBky ds dFku eq> ihBklhu vf/kdkjh }kjk ihfM+rk ds dgsuqlkj U;k;ky; esa ys[kc) fd;s x;sA ihfM+rk dks mlds dFku iढk, o i&#2338dj lquk, x;s ftls i&#2338dj o lqu&le>dj ihfM+rk }kjk Lohdkj fd;k x;kA </UL>23. A perusal of the statement reproduced above reveals that the prosecutrix has clearly denied the incident of sexual assault and she has even levelled certain allegations against the Additional Superintendent of Police, while also refusing to be subjected to medical examination. She clearly deposed before the learned Magistrate that she is being mentally tortured and victimised as a part of some conspiracy and that the petitioner No. 9 has done nothing to her.24. It is noteworthy that in order to rule out possibility of extraneous pressure, the prosecutrix was called in the Court. Thereafter on 24.05.2022, the prosecutrix appeared and in presence of learned counsel for the petitioners, her counsel Mr. A.K. Jain, learned Public Prosecutor and the Investigating Officer, the Court comforted her and assured full security and protection and then had interaction with the prosecutrix.25. The prosecutrix categorically stated that she has not been coerced or threatened to change her version and that the complaint of sexual assault was given by her under misconception and pressure from higher officer(s). She unequivocally reiterated that she has not been subjected to sexual assault, as has already been stated by her in her statement under Section 164 Cr.P.C. recorded on 31.01.2022.26. In spite of what had been noticed, this Court did not think it appropriate to close the proceedings solely on the basis of the compromise so that remotest possibility of coercion, threat or pressure upon the prosecutrix could be avoided.27. Today, after appraisal of overall facts and circumstances and considering that immediately after 28.01.2022 she wrote that no sexual assault had taken place and the complaint in question was lodged under pressure and coercion of the Additional Superintendent of Police, Bhilwara; that in her statement before the Magistrate recorded under Section 164 Cr.P.C. so also before this Court, she has categorically denied the very incident of rape as alleged in the complaint and whatever she has divulged during extant proceedings, this Court is of the view that the continuation of the investigation and the trial (if any) would cause mental harassment and agony to the prosecutrix herself, leave aside the petitioners or the accused persons.28. On 24.05.2022, this Court had clearly observed the dilemma and mental condition of the prosecutrix during in-camera proceedings. The prosecutrix was not in a balanced mental state, which may be because of the pressure, family conditions or otherwise. On 24.05.2022, this Court had clearly observed the dilemma and mental condition of the prosecutrix during in-camera proceedings. The prosecutrix was not in a balanced mental state, which may be because of the pressure, family conditions or otherwise. Such being the position, even if the FIR and proceedings impugned are not quashed and the case is allowed to be investigated and further tried, there is hardly any possibility of accused being convicted because the complainant herself has denied the charges.29. That apart, there is no other incriminating evidence so far collected by the Investigating Officer, except the call details which at the best is pointer or indicator that the petitioner No. 9 and prosecutrix had some relations, friendly or otherwise. The relationship, if any, may be consensual which can be deciphered from the fact that despite being a police officer, she could not muster the courage to report the first incident of alleged assault for four years.30. In a case like the one in hands, where the prosecutrix is a Sub Inspector of Police, this Court has reason to presume that she is mature enough to take a call at least for the cause of justice.31. That apart, if the prosecutrix wants to forget and forgive; she has a right to forget so also right to be forgotten.32. This Court is not oblivious of legal position that when there are serious allegations of sexual assault punishable under Section 376 of Indian Penal Code, the Court should be slow in quashing the FIR.33. In view of the discussion foregoing and in order to give a quietus to the dispute, this Court deems it expedient and in the interest of justice to quash the FIR being guided by the principles laid down by Hon'ble the Supreme Court in the case of Gian Singh v. State of Punjab & Anr. <a href='00100051666'>(2012) 10 SCC 303</a> and State of Haryana & Ors. v. Choudhary Bhajan Lal & Ors. <a href='00100023552'>AIR 1992 SC 604</a>.34. The impugned FIR No. 77/2022 of P.S. Pratap Nagar, Bhilwara is hereby quashed.35. <a href='00100051666'>(2012) 10 SCC 303</a> and State of Haryana & Ors. v. Choudhary Bhajan Lal & Ors. <a href='00100023552'>AIR 1992 SC 604</a>.34. The impugned FIR No. 77/2022 of P.S. Pratap Nagar, Bhilwara is hereby quashed.35. Needless to observe that in case any substantial piece of evidence comes to face or in the knowledge of the Investigating Officer on the basis whereof it can be proved that the petitioner is/ was under pressure to change her stand or she has been physically exploited, it will be open for the Investigating Officer to move appropriate application for revival of the proceedings of the present petition.36. With these observations, misc. petitions stand disposed.37. Stay petitions and all interlocutory applications also stand disposed of.<hr color=rgb(84,0,168)></body></html>

Kishan Puri v. State of Rajasthan