Vijay Bishnoi, J. - (1.) THIS Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer for quashing the FIR No. 403/2014 dated 06.12.2014 of Police Station, Sojat, District Pali, for the offences punishable under Sections 363, 366, 376 and 120 -B IPC.
(2.) LEARNED counsel for the petitioner has submitted that the husband of the respondent No. 2 has earlier lodged a Missing Person Report at Police Station, Sojat City, District Pali on 21.11.2014. The respondent No. 2 was, thereafter, recovered on 28.11.2014 and gave her statement before the police to the effect that she went to visit her aunt's house at her own and nobody has abducted her. Thereafter, on 05.12.2014, she filed a complaint before the Judicial Magistrate, Sojat alleging that the petitioner and other co -accused persons have abducted her and one of the accused Ramlal has committed rape upon her. Learned counsel for the petitioner has submitted that the allegations levelled in the impugned FIR against the petitioner are false. It is contended that in view of the statement given by the respondent No. 2 before the police on 28.11.2014 in the Missing Person Report, it is clear that the allegations levelled in the impugned FIR are false and the petitioner has falsely been implicated, therefore, the impugned FIR may be quashed.
(3.) PER contra, learned Public Prosecutor has opposed the prayer of the petitioner and submitted that from bare reading of the contents of the impugned FIR, prima facie case is made out against the petitioner. It is also contended that the statement of the respondent No. 2 was recorded under Section 164 Cr.P.C. before the Judicial Magistrate, wherein she has reiterated the allegations levelled by her in the impugned FIR against the petitioner and other co -accused persons.;