Back
BIRENDRA KUMAR
Kailash Jat – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. The petitioner is an accused in FIR No. 802/2022 registered with Sanganer Sadar Police Station, District Jaipur City (South) for offences under Sections 420, 406, 467, 468 and 471 IPC.
2. The petitioner has sought for quashment of the aforesaid FIR on the ground that bare perusal of the FIR would make it clear that the complainant respondent No.2 has no leg to stand in a civil proceeding, hence, he has lodged the impugned FIR just to give it a colour of criminal proceeding.
3. According to the petitioner, he had purchased the FIR referred plots through a registered sale deed dated 8.10.2020 from the rightful owner, a copy of the sale deed is at Annexure-2. Thereafter, to meet his financial crunches, the petitioner took loan of Rs. 9,00,000/- from HDFC Bank by deposit of title deed as surety and later on refunded the loan amount and got clearance certificate from the Bank vide certificate dated 21.2.2022 at Annexure-3 as well as sale deed aforesaid returned. Thereafter, to meet his financial needs due to illness etc., the petitioner sold the said property to one Vaidhnath Choudhary and Kishan Lal through a registered sale deed dated 3.3.2022, a copy at Annexure-4.
4. As per
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 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....
Civil disputes can involve criminal elements; thus, the existence of a civil remedy does not automatically justify quashing a criminal FIR.
The court emphasized the limited circumstances in which an FIR/complaint can be quashed, as per the principles laid down by the Hon'ble Apex Court.
An attesting witness lacks the necessary intent or involvement in a fraudulent scheme, thus, mere attestation does not warrant criminal liability under sections 420, 120-B, and 506 IPC.
Fraudulent inducement and subsequent sale of the property constituted cognizable offences.
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.
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
