- (1.) The petitioners have approached this Court for quashing of FIR NO.188/2012, registered at Police Station Bani Parik, Jaipur City(South), for the offences under Sections 453, 380, 143, 323 IPC and under Section 4/25 of the Arms Act.
(2.) Brief facts of the case are that on 25.08.2012, one Rajendra Kumar Badaya, the complainant-non-petitioner, had lodged a FIR at police Station Bani Park, Jaipur City(South), wherein he claimed that he is the owner of plot No.F-30, Ghiya Marg, Bani Park. Although he has shifted to 6/68, Vidhyadhar Nagar, but he has left a lot of domestic goods in the said house. He and his family members periodically visit the house to look after the goods left by them. On 25.08.2012, he and his wife had come to the house between 8.00 and 9.00 A.M. But shockingly, it was discovered that the doors of their rooms were open. Therefore, they enquired from the petitioner No.1, Hari Narayan Badaya, who happens to be the elder brother of the complainant and from his son Sanjay Badaya, the petitioner No.2. about the doors being ajar. Upon enquiry, allegedly Hari Narayan Badaya and his son started abusing them and assaulting them with sticks. Two more persons, namely Naresh Singh and Anu Qureshi, also came and started assaulting them. Both, Hari Narayan and Sanjay Badaya, told these two persons to kill the complainant and his wife. Thus, these persons started assaulting them with sticks and 'Gupti' (a sharp edged weapon which is hidden in a wooden stick). He, therefore, alleged that he was assaulted with a sword and the clothes of his wife were torned. When they rushed out, three more persons intercepted him and started assaulting him. When he raised a hue and cry, other people came and started pelting stones at the assailants. The people caught hold of one assailant. The person so caught revealed the name of others as Ajay, Asif and Irfan. When they finally reached their rooms, they discovered that their domestic goods were missing. He further alleged that the persons, who had assaulted them, had come in a Scorpio car, bearing registration No.RJ-14-UC-0127.
(3.) On the basis of this report, a formal FIR was chalked out. After a thorough investigation, the police has submitted a charge-sheet against some of the named accused. But it has kept the investigation pending under Section 173(8) Cr.P.C. against the present petitioners. Hence, the petitioners' prayed that the FIR should be quashed qua them.;