Rajasthan High Court
CRLMP/5095/2020 of VIVEK SHARMA S/O LATE GIRDHARI LAL Vs STATE OF RAJASTHAN on 21 May 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5095/2020 1. Vivek Sharma S/o Late Girdhari Lal, Aged About 36 Years, R/o H. No. 3066/224 Chander Nagar Trinagar Delhi- 110035 2. Smt. Santosh Sharma W/o Late Girdhari Lal, Aged About 64 Years, R/o H. No.
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5095/2020
1.
Vivek Sharma S/o Late Girdhari Lal, Aged About 36 Years, R/o H. No. 3066/224 Chander Nagar Trinagar Delhi- 110035
2.
Smt. Santosh Sharma W/o Late Girdhari Lal, Aged About 64 Years, R/o H. No. 3066/224 Chander Nagar Trinagar Delhi-110035
3.
Vikaram Sharma S/o Late Girdhari Lal, Aged About 44
Years, R/o H. No. 3066/224 Chander Nagar Trinagar Delhi-110035
4.
Sunil Sharma S/o Late Shri Sharma, R/o H. No. 103 Tuya Gardar Munt, Poonamalle Road Porur-600116
5.
Smt. Shimla Sharma W/o Sunil Sharma, R/o H. No. 103
Tuya Gardar Munt, Poonamalle Road Porur-600116
----Accused-Petitioners
Versus
1.
State Of Rajasthan, Through PP
...Respondent
2.
Smt. Jyoti Harit D/o Madan Lal Harit, Aged About 35
Years, R/o 519 Ganesh Marg Pratap Nagar Vistaar Baidhji Ka Chauraaha Murlipura Jaipur, Jaipur West Raj.
----Complainant-Respondent
For Petitioner(s)
:
None present
For Respondent(s)
:
Mr. Shreeram Dhakad, P.P.
HON'BLE MR. JUSTICE GANESH RAM MEENA
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Order
21/05/2026
1. This criminal misc. petition has been filed by the petitioners with a prayer to quash the F.I.R. No.163/2020 registered on 13.08.2020 with the Police Station Mahila Thana, Jaipur (West) for
(2 of 4) [CRLMP-5095/2020] the offences punishable under Sections 498-A, 406, 420, 504 and 120-B of IPC.
2. No one has put in appearance on behalf of the petitioners. Earlier also on 04.03.2021, 31.03.2021, 20.11.2025 and 11.05.2026, when the case was listed and called for hearing in the Court, no one appeared on behalf of the petitioners.
3. In the order dated 04.03.2021, it was observed that if none appears on behalf of the petitioner on the next date, the matter shall be proceeded further in his absence. Even thereafter, on various occasions, no one appeared on behalf of the petitioners and, therefore, the petition is being decided in the absence of the counsel for the petitioners.
4. The learned Public Prosecutor states that a factual report dated 14.05.2026 has been received from S.H.O., Police Station Mahila Thana, Jaipur (West).
5. The factual report dated 14.05.2026, received from S.H.O., Police Station Mahila Thana, Jaipur (West), is taken on record.
6. As per the factual report, the Police after completion of investigation has submitted closure report, observing that the allegations against the accused-petitioner No.2, Smt. Santosh Sharma, petitioner No.3, Vikram Sharma, petitioner No.4, Sunil Sharma and petitioner No.5, Smt. Shimla Sharma, have not been found to be proved.
7. The allegations against the petitioner No.1, Vivek Sharma, have been found to be proved and the Police has submitted charge-sheet against him on 03.06.2023 under Section 299 Cr.P.C. for offence under Sections 498-A and 406 of IPC.
(3 of 4) [CRLMP-5095/2020]
8. The Co-ordinate Bench of this Court, vide order dated 19.01.2021, did not consider the prayer to stay the investigation and directed that the investigation shall continue and the petitioners shall join the investigation and shall appear before the Investigating Officer on or before 30.01.2021 and as and when they are called upon to do so. It was further observed that after completion of investigation, the Police was to submit the police report before the concerned Court and the petitioners shall not be arrested without prior notice of seven days’. It was also observed that in case the accused-petitioners fail to join the investigation, the Investigating Officer shall be free to arrest them forthwith, if so required, subject to bail order, if any.
9. As regards the petitioner No.2, Smt. Santosh Sharma, petitioner No.3, Vikram Sharma, petitioner No.4, Sunil Sharma and petitioner No.5, Smt. Shimla Sharma, the Police has already submitted final negative report and, therefore, this petition qua petitioner Nos.2 to 5, in opinion of this Court, has become infructuous.
10. As regards the petitioner No.1, Vivek Sharma, is concerned, the Police has submitted charge-sheet against him for the offence punishable under Sections 498-A and 406 of IPC and since he is not traceable, the charge-sheet has been filed under Section 299 Cr.P.C.
11. No one is appearing on behalf of the petitioner for last so many occasions, when the case was called for hearing.
12. Taking into consideration the totality of the facts and circumstances of the case and so also the evidence, collected during investigation and more particularly the conduct of the
(4 of 4) [CRLMP-5095/2020] petitioner No.1, Vivek Sharma, neither he is appearing before the learned Court Below nor his counsel appearing before this Court, this Court is not inclined to invoke the inherent jurisdiction qua the petitioner No.1, Vivek Sharma.
13. Accordingly, the instant criminal misc. petition is dismissed qua the petitioner No.1, Vivek Sharma and qua petitioner Nos.2 to 5, is dismissed as having become infructuous
14. The stay application and pending application(s), if any, also stand disposed of. (GANESH RAM MEENA),J 8/ARTI SHARMA