The court established that an FIR cannot be sustained if it does not disclose a cognizable offence and is based on a civil dispute.

ORDER

1. The petitioners have preferred this Miscellaneous Petition for quashing of FIR No.264/2021 dated 5.8.2021 registered at Police Station, Chopasani Housing Board for the offence under Sections 420,447, 467, 468, 471 and 120-B IPC.

2. Factual matrix of the case are that a complaint was lodged on 8.7.2021, by Shri Prem Prakash Mirdha, Power of Attorney of respondent No.2, which was sent at the Police Station under Section 153(3) Cr.P.C. for registration of FIR. FIR was registered on 5.8.2021. The allegation in the FIR is that father of the complainant and accused No.2 - Bhanu Prakash Mirdha were real brothers. Father of the complainant expired in 1993. After sad demise of Ram Prakash Mirdha and his wife Smt. Veena Devi, Smt. Jyoti Mirdha and Hemsweta Mirdha have become their legal heirs. On 23.5.1988, Bhanu Prakash Mirdha sold Khasra Nos.103 and 106, the total area being 4 bighas and 17 biswa, situated at Village Suthala, Tehsil and District Jodhpur to one Shri Bhanwar Lal. Bhanu Prakash Mirdha had no authority to sell half of the share of Ram Prakash Mirdha. The accused moved an application with the Jodhpur Development Authority (hereinafter referred to as "the JDA") in the year 2017 for changing of the land use. An acceptance letter dated 26.1.1993 alleged to be written by Ram Prakash Mirdha was also filed wherein, Jagdeesh Sihag and Govind Ram Phiroda were the attesting witnesses. The complainant was not aware that accused has grabbed the property and it is only in the year 2018, when a suit for partition was filed, this fact came to the knowledge of the complainant. It is also mentioned that conversion order dated 26.6.2018 was challenged before the Divisional Commissioner, wherein a status-quo order was passed. A suit under Section 53 of the Rajasthan Tenancy Act was also filed and a preliminary decree has been passed on 2.3.2021 for partition of the disputed property by meets and bounds.

3. It is contended by learned counsel for the petitioners that the petitioners are bonafide purchasers, who have purchased the property from Shri Bhanwar Lal, who has purchased the property from Ram Prakash Mirdha by a registered sale deed dated 23.5.1988. It is also contended that the registry is of the year 1988 and the present FIR has been lodged after an inordinate delay of 33 years. It is further contended that in the partition suit filed by the complainant in the year 1999, it was mentioned that the disputed property has been sold and that it cannot be partitioned and that the purchasers are in possession. It is also contended that pattas were issued in favour of the petitioners by the JDA in the year 2017.

4. Counsel for the petitioner argues that if FIR does not disclose commission of a cognizance offence or, if the dispute is of civil nature or, if continuation of proceedings would tantamount to abuse of process of law, the High Court can quash the proceedings. In support of his argument, learned counsel has placed reliance on the judgment of the Apex Court in State of Haryana & Ors. Versus Bhajan Lal & Ors., 1992 Supp (l) SCC 335. Further reliance has been placed on the judgments in Mrs. Arnavaz (Anu) & Ors. Versus Alcobex Metals Ltd. & Anr.: 2005(1) WLC (Raj.) 239, Indian Oil Corpn. Versus NEPC India Ltd. & Ors., (2006) 6 SCC 736, A P Mahesh Cooperative Urban Bank Shares holders Welfare Association Versus Ramesh Kumar Bung & Ors., Special Leave Petition (Criminal) No. 3869 of 2021 and Nitu Agarwal Versus State of Rajasthan & Anr.: S.B. Criminal Miscellaneous (Petition) No.2864/2019 decided by a Coordinate Bench of this Court on 6.8.2019. It is also contended that in the partition suit, the complainant had admitted that the property has been sold and it cannot be partitioned. The suit for partition was filed in the year 1999 and the present FIR has been lodged after 22 years of the knowledge of transfer of the disputed property. It is further contended that the FIR does not disclose the ingredients of any offence as far as the