Inordinate delay in filing a complaint without justified reason can amount to a gross abuse of process of court.

ORDER

1. Instant criminal writ petition under Article 226 of the Constitution of India read with Rule 315 (1) (h) of the Rajasthan High Court Rules, 1952 has been preferred on behalf of accused-petitioner with the prayer for quashing of impugned F.I.R. bearing No.93/2019 registered at Police Station, Kishangarhbas, District Alwar for offences punishable under Sections 420, 467, 468 and 471 of Indian Penal Code.

2. During the course of arguments, it has been submitted by the learned counsel appearing for the accused-petitioner, that on 07.10.2015, an agreement was executed between the petitioner and the complainant, regarding sale of agricultural land of the petitioner to the complainant for a consideration of Rs.26,60,000/-. It is further submitted that the petitioner had returned the aforesaid amount to the complainant and the complainant executed cancellation of agreement dated 07.10.2015 on 02.08.2016 duly attested by Notary Public, vide Annexures-2 & 3. It is also submitted that in the year 2016, the complainant had also instituted a Civil Suit (Annexure-4) against the petitioner for specific performance before Subordinate Court at Alwar mentioning cancellation of agreement. It is contended that during pendency of the aforesaid Civil Suit, on 18.07.2017 the complainant had moved an application (Annexure-5) before the learned Civil Court for sending the cancellation of agreement to the F.S.L. The learned Court below, after hearing the arguments, vide its order dated 04.12.2018 (Annexure-7) dismissed the aforesaid application of the complainant. After dismissal of aforesaid application, the complainant had lodged the present F.I.R. It is further contended that the impugned F.I.R. (Annexure-1) be quashed on the ground that the petitioner has falsely been implicated in the case by lodging of false F.I.R. with inordinate delay by the complainant with an ulterior motive. Lastly, it is prayed that the present petition be allowed, the impugned F.I.R. and the criminal proceedings, be quashed.

3. During the course of arguments, learned Public Prosecutor appearing for the State, has submitted the factual report, which is taken on record.

4. It is submitted by the learned counsel appearing for the respondent No.1/State, that during investigation, the statements of complainant and witnesses have been recorded under Section 161 of Cr.P.C. Certified copies of undisputed agreement dated 07.10.2015 and disputed cancellation agreement dated 02.08.2016 have been obtained from the Court of learned Additional District & Sessions Judge, No.2, Kishangarhbas, Alwar, in Civil Suit No.71/2016 and have applied for original agreements before the learned Court below and for matching of signatures, the same is yet to be sent to the F.S.L.

5. Learned counsel appearing for the State has further opposed the submissions made by the learned counsel appearing for the accused-petitioner.

6. During the course of arguments, while opposing, it is submitted by the learned counsel appearing for the complainantrespondent No.2, that it is a well settled law that in both the criminal and civil law, remedy can be availed simultaneously and further prayed that the petition of the petitioner may be rejected.

7. Heard learned counsel appearing for the parties and perused the material made available on record.

8. As per factual report, during investigation, the statements of complainant and witnesses have been recorded under Section 161 of Cr.P.C. Certified copies of undisputed agreement dated 07.10.2015 and disputed cancellation agreement dated 02.08.2016 have been obtained from the Court of learned Additional District & Sessions Judge, No.2, Kishangarhbas, Alwar, in Civil Suit No.71/2016 and have applied for original agreements before the learned Court below and for matching of signatures, the same is yet to be sent to the F.S.L.

9. Complainant-respondent - Naresh Kumar had instituted a Civil Suit No.71/2016 on 24.09.2016 against the accused-petitioner Narendra Kumar for specifi