SAMEER JAIN
Neva Lal S/o Shri Kajod – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. For the sake of expediency, handiness and considering the interwoven issues, the instant petitions were clubbed together and are hence decided en masse.
BACKGROUND
2. S.B. Criminal Miscellaneous Petition No. 6157 of 2024 is filed under Section 528 of B.N.S.S. seeking directions for quashing the entire criminal proceedings qua the accused-petitioner; arising out of F.I.R. No. 044/2023 dated 20.02.2023 registered at Police Station Dabi, District Bundi, Rajasthan for offences punishable under Sections 420, 467, 468, 471 and 166 of I.P.C. whereas S.B. Criminal Miscellaneous Petition No. 1752 of 2023 is filed by accused-petitioner Rajesh Kumar under Section 482 of Cr.P.C. seeking directions for quashing of F.I.R. (Supra) whereas S.B. Criminal Miscellaneous Petition No. 4038 of 2023 is filed by accused-petitioner Rajesh Gurjar seeking directions for quashing of F.I.R. (Supra) whereas S.B. Criminal Writ Petition No. 471 of 2024 is filed assailing the matters qua the impugned F.I.R. (Supra) and for safeguarding of the fundamental rights of the petitioner - Prithvi Singh, as enshrined under Article 14, 19 and 21 of the Constitution of India.
3. The germane facts for consideration of
Center for Public Interest Litigation and Anr. Vs. Union of India
Iqbal Singh Marwah & Anr. vs. Meenakshi Marwah & Anr. (2005) 4 SCC 370
Kamal Shivaji Pokarnekar Vs. State of Maharashtra & Ors. 2019 (14) SCC 350
Mansukh Lal Vithaldas Chauhan Vs. State of Gujarat
P. Swaroopa Rani vs. M. Hari Narayana @ Hari Babu
The court ruled that civil and criminal proceedings can coexist in cases of fraud, emphasizing the necessity of a valid prosecution sanction.
The court held that allegations arising from a civil dispute cannot constitute a criminal offence, and continuation of such proceedings amounts to an abuse of the legal process.
The main legal point established in the judgment is the abuse of process of law and the quashment of F.I.R. based on the principles laid down by the Hon'ble Supreme Court.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.