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ARUN MONGA
Kishore Singh Mertiya, S/o. Late Shri Lal Singh Ji – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER :
Arun Monga, J.
1. Quashing of an FIR No.675/2023, dated 13.08.2023, registered at Police Station Pratapnagar, District Udaipur for alleged offences under Sections 420, 467, 468 & 471 of IPC and all consequential proceedings, is sought herein.
2. The petitioner/accused and the complainant are uncle & nephew and are involved in a dispute over the inheritance of estate of complainant’s late father.
2.1. Briefly, the relevant facts of the case are as follows: Respondent No. 2 – the complainant lodged the FIR stating that his late father was an ‘A’ class contractor. His uncle, the petitioner, an advocate, was managing his father's office. Since the father trusted his younger brother (petitioner – uncle of the complainant), he exploited this trust by obtaining signature of complainant’s father on blank papers and even stealing certain documents from the office. After his father's death, the petitioner claimed ownership of Plot No.C-3 and asked the complainant to vacate the property, threatening him with dire consequences. Upon enquiries, the complainant discovered that the plot had been purchased by his father from one Chandra Shekhar Brahmin on December 16, 1998, and that the petiti
Criminal charges cannot be sustained without clear evidence of criminal intent, especially in disputes primarily concerning civil rights.
The court affirmed that civil disputes do not preclude the initiation of criminal proceedings based on allegations of forgery and that both can arise from the same facts independently.
Mere pendency of suit cannot be made a ground for quashing criminal proceedings – Entire prosecution story could not be disbelieved on the ground of delay.
The court emphasized that speculative allegations without substantial evidence cannot sustain criminal proceedings, and individuals possess the right to manage their property affairs without undue in....
The court held that criminal proceedings should not be misused for civil disputes, emphasizing the need for caution to prevent abuse of process.
The dismissal of an FIR by a High Court under Section 482 CrPC is impermissible when critical evidence is pending, particularly in allegations of fraud and forgery.
The court established that allegations of forgery and cheating can coexist with civil disputes, allowing for criminal proceedings to continue.
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