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ASHOK KUMAR JAIN
Suraj Sharma, S/o. Shri Sohan Lal Sharma – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. This petition has been preferred by the petitioner under Section 482 Cr.P.C. for quashing of the FIR No.134/2017 registered at the Police Station Parbatsar, District Nagaur for the offences under Sections 420, 406, 467, 468 & 120-B of the IPC.
2. The brief facts of the case are that non-petitioner/respondent No.2 Moti Ram lodged a criminal complaint under Section 156 (3) of the Cr.P.C. against Chukli Devi, Moola Ram, Ramniwas Raju and Harkaran for the offences under Sections 420, 406, 467, 468 and 120-B of the IPC. It is alleged that after the death of his grandfather, out of total land, 1/3rd share of land was mutated in the name of petitioner’s father Jaggu Ram, three sons of Jaguu Ram including the respondent No.2 got 1/3rd share in the said land. It is further alleged that the complainant is an unmarried and blind person whereas Jaggu Ram is an old man aged more than 90 years and he is mentally unstable, sick and infirm. As per the allegations, brother of the complainant Mr. Moola Ram hatched a conspiracy with other accused and got transfer of 1/3rd share of land in the name of his wife Smt.Chukli from Jaggu Ram by way of execution of registered sale deed dated 30.10.
Purpose of 482 Cr.P.C. is inherent power i.e. to secure ends of justice, preventing abuse of process.
Inherent powers under Section 482 CrPC do not permit quashing proceedings when prima facie evidence of a crime is present, mandating a trial to ascertain truth.
The power to quash criminal proceedings should be exercised sparingly and only when the allegations do not disclose a prima facie case of a criminal offence.
Power under Section 482 CrPC has to be exercised sparingly and cautiously to prevent abuse of process of any Court and to secure ends of justice.
The court established that a Magistrate's cognizance of a complaint is valid if there is a prima facie case, and that the inherent powers under Section 482 of the Cr.P.C should not be used to stifle ....
The court established that civil disputes should not be cloaked as criminal offences, and quashing is warranted when no prima facie case exists.
The main legal point established in the judgment is the requirement for allegations to constitute a cognizable offense and the application of the legal maxim 'Caveat Emptor' in property transactions.
Cheating and forgery – A bonafide criminal prosecution cannot be quashed at threshold.
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