Back
PANKAJ BHANDARI
Anil Choudhary – Appellant
Versus
State of Rajasthan – Respondent
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 yea
The court established that an FIR cannot be sustained if it does not disclose a cognizable offence and is based on a civil dispute.
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 main legal point established in the judgment is that the sale deed being void and illegal is a subject matter of civil dispute and cannot be the ground for filing an FIR. The court also clarified....
Cheating and forgery – A bonafide criminal prosecution cannot be quashed at threshold.
The court emphasized the statutory right and duty of the police to investigate cognizable offences and the sparing exercise of quashing power.
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.
Criminal prosecution cannot arise from a breach of contract; such grievances are solely civil in nature, thus warranting quashing of the FIR.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
