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BIRENDRA KUMAR
Mohammad Jafar Hussain – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. property ownership and inheritance issues (Para 1 , 3 , 4 , 5) |
| 2. distinction between civil and criminal disputes (Para 2 , 7) |
| 3. burden of proof in forgery allegations (Para 6 , 8 , 9) |
| 4. quashing of fir based on abuse of process (Para 10 , 11) |
JUDGMENT :
Mr. Birendra Kumar, J. - The petitioner is an accused in FIR No.261/2022 registered at the behest of respondent No.2 with Fatehpur Kotwali Police Station in District Sikar for offences under Sections 420 , 406, 467, 468 and 471 of IPC.
2. The petitioner has sought for quashment of the aforesaid FIR on the ground that a civil suit pending before the Competent Court has been sought to be given a colour of criminal litigation.
3. It is not controverted that the FIR referred Khasra No.272 area 10 Bighas 19 Biswa, Khasra No.273 area 5 Bighas 10 Biswa in the town Fatehpur is recorded in the name of Sadiq son of Bhura in the khatedari record.
4. Respondent No.2 asserts that said Sadiq was grandfather of respondent No.2 and after his death, the property devolved on his sons and daughters, namely Mohammad Ishak, Mohammad Shabbir, Abdul Hamid, Mohammad Farooq and Maiguna. Respondent No.2 is one of the son of Late Mohammad Ishak.
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 court established that civil disputes should not be cloaked as criminal offenses, allowing for quashing of FIRs when no criminal offense is disclosed.
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.
Criminal proceedings cannot be used as a shortcut for civil disputes, especially when no substantial evidence of a crime exists.
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.
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