Sabri Devi vs State of Rajasthan - 2023 Supreme(Raj) 1877

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1877

CHANDRA KUMAR SONGARA
Sabri Devi – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Rajeev Surana, Sr. Adv. assisted by Ms. Muskan Verma, Advocate.
For the Respondent:Mr. Naina Ram Saran, Public Prosecutor, Mr. Anil Kumar Sharma, Advocate for the Complainant.

ORDER :

Chandra Kumar Songara, J.

Instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred on behalf of accused-petitioners with the prayer for quashing of F.I.R. No.269/2019 dt.10.10.2019 registered at Police Station Ganj District Ajmer for offences punishable under Sections 420 , 406 and 120-B of INDIAN PENAL CODE , along with all subsequent proceedings.

2. Learned counsel appearing for the accused-petitioners has submitted that the impugned F.I.R., along with all subsequent criminal proceedings, is prima-facie illegal & perverse. Counsel has further submitted that previously, a different F.I.R. was lodged against the complainant in 2014, wherein he was accused of committing theft of ancestral jewelry but the matter was compromised. Counsel has also submitted that on account of business relations, certain amount has been given, taken & then returned back to the complainant pertaining to business transactions. By taking advantage of these entries in the bank accounts, a false story has been prepared by the complainant with regard to agreement to sale. The complainant had broken the lock & removed costly items belonging to the petitioners from the