Smt. Mohar Kaur W/O Shri Dharam Singh vs State Of Rajasthan on 13 July, 2026

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    Rajasthan High Court – Jaipur

    Smt. Mohar Kaur W/O Shri Dharam Singh vs State Of Rajasthan on 13 July, 2026

    [2026:RJ-JP:26200]
    
            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        BENCH AT JAIPUR
    
            S.B. Criminal Miscellaneous (Petition) No. 4068/2024
                           URN: CRLMP / 8305U / 2024
    
    Smt. Mohar Kaur W/o Shri Dharam Singh, R/o Peelwa, P.S.
    Balghat, District Karauli, Rajasthan.
                                                               ----Accused-Petitioner
                                          Versus
    1.       State of Rajasthan, through P.P.
                                                                       ----Respondent
    2.       Smt. Kesula W/o Bail Singh Gurjar, R/o Peelwa, P.S.
             Balghat, District Karauli, Rajasthan.
                                                    ----Complainant-Respondents
    
    
    For Petitioner(s)            :    Mr.R.R. Baisla
    For Respondent(s)            :    Mr.Manvendra Singh Shekhawat, PP
    
    
    
                         JUSTICE ANOOP KUMAR DHAND
    
                                           Order
    
    13/07/2026
    
    1.    The instant misc. petition is listed before this Court in
    
    pursuance of the directions issued by the Hon'ble Apex Court in
    
    the case of Vijay Kumar and Ors. Vs. State of Rajasthan
    
    (Petition for Special Leave to Appeal (Crl.) No. 773/2026, decided
    
    on 15.01.2026), wherein the Hon'ble Apex Court observed that in
    
    various matters, interim orders have been passed in criminal
    
    revision petitions and petitions filed under Section 482 Cr.P.C., as
    
    a result of which trial relating to serious offences such as murder,
    
    rape, dacoity, dowry death, etc., could not proceed and remained
    
    stalled/held up due to the passage of considerable time.
    
    2.    Directions have been issued to this Court and other High
    
    Courts to take up such like matters which are pending since long,
    
    
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    on priority and decide the same expeditiously without deferring
    
    the hearings to subsequent dates.
    
    3.    By way of filing the instant criminal misc. petition, a prayer
    
    has been made to quash the impugned F.I.R. No.154/2011,
    
    registered at the Police Station Balghat, District Karauli for the
    
    offences punishable under Sections 147, 148, 149, 323, 341 &
    
    302 IPC.
    
    4.    It has been averred in the instant petition that after
    
    investigation in the impugned F.I.R., charge-sheet was submitted
    
    against the co-accused Rekh Singh, Udai Singh, Ramveer, Dharam
    
    Singh & Bhagwan Singh for the offences punishable under
    
    Sections 302/149, 307, 326/149, 324/149, 148, 323 & 341 IPC. It
    
    has also been averred in the instant petition that all the above
    
    accused persons were found guilty by the Court of the Additional
    
    District & Sessions Judge No.2, Hindaun City, District Karauli and
    
    they were sentenced to undergo life imprisonment.
    
    5.    It has been further averred in the instant petition that feeling
    
    aggrieved by the aforesaid, all the co-accused persons approached
    
    this Court by way of filing two different appeals, i.e., D.B. Criminal
    
    Appeal Nos.211/2021 & 212/2021 and both the appeals were
    
    allowed by the Division Bench of this Court vide judgment dated
    
    19.07.2023 and all the aforesaid accused persons have been
    
    acquitted of all the charges. Hence, a prayer has been made to
    
    quash the entire proceedings arising out of the impugned F.I.R.
    
    qua the petitioner as well.
    
    6.    Per contra, learned Public Prosecutor opposed the prayer
    
    made by learned counsel for the petitioner.
    
    
    
    
    

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    7. Heard and considered the submissions made at the Bar and

    SPONSORED

    perused the material available on record.

    8. Perusal of the record indicates that for the alleged incident

    dated 17.08.2011, the impugned F.I.R. was registered with the

    Police Station Balghat, District Karauli for the above stated

    offences against eight accused persons, out of which the above

    stated five co-accused persons were charge-sheeted by the

    Investigating Agency and thereafter, convicted by the Trial Court.

    However, they have been acquitted by the Division Bench of this

    Court vide judgment dated 19.07.2023. Acquittal of the co-

    accused persons cannot be treated as a ground for quashing of

    the impugned F.I.R. against the co-accused, who in the instant

    case is the petitioner, as the co-accused persons have been

    acquitted on the basis of appreciation of the evidence led against

    them by the prosecution.

    9. Considering the overall facts and circumstances of the case,

    this Court deems it just and proper to dispose of the instant

    petition, granting liberty to the petitioner to submit an appropriate

    representation before the concerned Investigating Officer. It is

    expected from the Investigating Officer to consider the same and

    submit the conclusion report of the investigation conducted so far,

    qua the petitioner, under Section 173 Cr.P.C. before the

    Competent Court, expeditiously in accordance with law.

    10. Accordingly, the instant criminal misc. petition stands

    disposed of. Stay application and all pending application(s), if any,

    also stand disposed of.

    (ANOOP KUMAR DHAND),J

    Aayush Sharma/13

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