- (1.) The petitioner, Chhuttan Lal, has prayed for quashing of F.I.R., namely F.I.R. No.49/2012, registered for offences under Sections 376 and 452 I.P.C., at Police Station, Srimahaveerji, District Karauli [Rajasthan].
(2.) The brief facts of the case are that one Smt. Guddi Devi, respondent No.2, filed a complaint before the Civil Judge [Junior Division] & Judicial Magistrate, 1st Class Srimahaveerji, District Karauli, against five-persons, including the present petitioner, Chhuttan Lal. According to her on 01.05.2012, while she was sleeping alone in her house, along with her children, between 1:30 and 2:00 A.M., Kadya, Chhuttan, Roop Singh barged into her room; they were armed with lathies, knife and gun. They closed her mouth. Kadya pointed the gun at her and told her not to make a noise, otherwise, they will kill her. Chuttan Lal and Roop Singh took the children out of the room. Kadya slapped her and threw her on the ground. According to her, Chhutan Lal, Roop Singh and Kadiya ravished her. Although, she shouted for help, but nobody came to her rescue. After these three-persons left, she raised alarm. Consequently, Ajay @ Kallu and Pappu sons of Chhuttan, came into the room and told her that in case she were to raise further hue and cry, they would kill her. She further claims that her husband and her mother-in-law were not available at home. Although, she went to the Police Station, Srimahaveerji, but the S.H.O. refused to register her complaint. Hence, she has filed a complaint before the learned Magistrate. Upon this complaint the matter was sent for further investigation under Section 156 (2) Cr.P.C. to the Police Station, Srimahaveerji. Consequently, on 07.05.2012, the Police registered a formal F.I.R., namely F.I.R. No.49/2012, for offences under Sections 376 and 452 I.P.C. Hence, this petition before this Court for quashing the same.
(3.) Mr. Abdul Rahim Khan, the learned counsel for the petitioner, has raised the following contentions before this Court : firstly, according to him, there is a rivalry between the petitioner, and Smt. Guddi's husband, namely Rakesh. On 27.04.2012 Rakesh had lodged a report at Police Station, Srimahaveerji against Smt. Guddi Devi's husband and other persons. In the said F.I.R., he had claimed that on 26.04.2012 at around 8:30 P.M., while his daughter was coming to fetch him from the house of Sriram Lohchandi, she was intercepted by Rajkumar, Bhuru @ Bhur Singh, Rajesh, Arvind, Mahendra, Chhotu and Rakesh [husband of Guddi Devi]. These persons had taken his daughter to a house. Initially, these persons misbehaved with his daughter. Subsequently, Chhotu, Rajesh and Rakesh stood as guards outside the room, and inside the room Rajkumar, Bhuru @ Bhur Singh ravished his daughter. When his daughter raised hue and cry, Rajesh picked her, grabbed hold of her in his hands, and lowered her to the street level. His daughter came home crying. Although, people had gathered, the accused-persons managed to make their escape good. According to the learned counsel, the present F.I.R., namely F.I.R. No.49/2012 has been lodged at a counter-blast to the F.I.R., lodged by Chhutan Lal, the petitioner, in the form of F.I.R. No.46/2012.;