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PANKAJ BHANDARI
Deepak Bansal – Appellant
Versus
State – Respondent
ORDER
1. Petitioners have preferred this Criminal Misc. Petition seeking quashing of complaint which was registered as FIR No.82/2020, at Police Station Makrana, District Nagaur, for the offence under Sections 420, 467, 468 and 120-B IPC.
2. It is contended by counsel for the petitioners that petitioner No.1 has purchased l/28th share of the property from Sabra vide registered sale deed dated 25.09.2019. It is contended that petitioner No.1 is a bonafide purchaser for consideration. The property in question in revenue record was shown in the name of Sabra and there is no allegation in the FIR that the sale deed registered by Sabra is forged. It is contended that the FIR does not disclose commission of any offence. It is contended that the complainant himself purchased l/36th share of the property vide registered sale deed dated 25.01.1990 from Manjur Ali and similarly petitioner No.1 has purchased l/28th share from Sabra.
3. It is also contended that a partition suit and suit for cancellation of sale deed have been filed by Abdul Gani with regard to the property sold by Sabra to the petitioner No.1. It is contended that a civil dispute has been given a look of criminal offence. No off
The court established that civil disputes should not be cloaked as criminal offenses, allowing for quashing of FIRs when no criminal offense is disclosed.
The court established that an FIR cannot be sustained if it does not disclose a cognizable offence and is based on a civil dispute.
Criminal proceedings cannot be used as a shortcut for civil disputes, especially when no substantial evidence of a crime exists.
Court must guard against any Attempt made by a litigant to shroud a civil dispute with a cloak of criminality.
The main legal point established in the judgment is that a civil dispute cannot be adjudicated by a criminal court, and the ingredients of the alleged offences must be made out for an FIR to be susta....
The court established that criminal proceedings cannot be used to settle civil disputes, emphasizing that the FIR lacked allegations constituting a criminal offence and should be quashed.
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