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BIRENDRA KUMAR
Guman Khandelwal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Birendra Kumar, J. - The petitioners have sought for quashment of FIR No. 376/2018 registered with Ashok Nagar, Police Station District Jaipur Metropolitan (South) for offences under Section 420, 406, 467, 468, 471, 473, 474 and 120B IPC.
2. Mr. Sudhir Jain, learned counsel for the petitioners submits that the prayer is on the ground that a pure civil dispute has been sought to be redressed by a criminal proceeding especially after expiry of the limitation period for civil proceeding. Moreover, the offences alleged are not made out against the petitioners. Even for arguments sake, the prosecution case is accepted as it is, in FIR No. 3/2023 registered with SOG/ATS police Station, Jaipur for offence under Sections 420, 467, 468, 471 and 120B IPC wherein forgery of different pattas said to be issued by JDA has been raised against the petitioners including the pattas referred in the impugned FIR and this Court has already refused to quash FIR No.3/2023 above in SB. Cr. Writ Petition No. 618/2023 decided on 27.07.2023, therefore, allowing multiple criminal proceedings for the same cause would be an abuse of the process of law.
3. Learned counsel for respondent No.2 Mr. S.S. Hor
The court ruled that criminal proceedings cannot proceed for a civil dispute, especially when multiple FIRs arise from the same cause, indicating an abuse of process.
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.
The mere existence of a civil dispute does not bar criminal proceedings where allegations disclose crimes, and the delay in filing a complaint does not negate the need for investigation.
The central legal point established in the judgment is that the continuation of proceedings against the petitioners would be an abuse of process, given the lack of evidence supporting the complainant....
The main legal point established is that if the allegations in the complaint disclose the offence of forgery, the High Court should not interfere with the investigation and that the pendency of civil....
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