IMPORTANT POINT
The court ruled that civil and criminal proceedings can coexist in cases of fraud, emphasizing the necessity of a valid prosecution sanction.

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 the instant bunch are that the complainant filed a criminal complaint dated 31.01.2023 against the accused-petitioners - Shri Rajesh Gurjar and Shri Rajesh Bheel before the Court of learned Judicial Magistrate, Talera, District Bundi, with regard to an incident that took place on 09.11.2020 wherein, allegations of committing forgery and cheating were leveled. Subsequently, exercising its jurisdiction as per Section 156(3) Cr.P.C. learned Magistrate forwarded the said complaint to the concerned Police Station. Resultantly, the impugned F.I.R. came to be registered (Annexure-1 in SBCRLMP No. 6157/2024).

4. The primary reason for lodging the said F.I.R. was that the complainant is in possession of the said piece of land (measuring seven bighas) since 05.10.2020 and the accused-petitioner along with the concerned patwari - Shri Rajesh Gurjar and Ors. hatched a criminal conspiracy to change the credentials of the said land and amend the name of the complainant. Successively, accused-petitioner filed an application dated 09.11.2020 in the Court of Sub-Divisional Officer, Taleda (hereinafter referred to as SDO) without impleading the complainant as a party. Thereafter, the accused-petitioners upon summoning the revenue records furnished forged and manipulated documents. After that the SDO passed orders for making modifications/alterations and giving the said land of the complainant to the accused-petitioners.

5. Notwithstanding anything mentioned insofar vide order dated 12.05.2022 passed in S.B. Civil Writ Petition No. 6979/2022 titled as Jansilal Vs. Sohanlal, considering that the Board of Revenue Rajasthan, Ajmer passed the then impugned judgment dated 11.04.2022 without adverting to the fact that the Court of Additional Divisional Commissioner vide its order dated 22.01.2021, recorded finding that keeping objections of the respondents reserved on the application filed by the petitioner under Section 96 CPC, an interim protection is operative qua the said property. The relevant extract from the order dated 12.05.2022 is reproduced herein-below:

“Taking into consideration the contentions and the material on record, this Court deems it just and proper to direct the parties to maintain status quo qua revenue record as also physical status of the subject property, till further orders.”

6. For the sake of convenience the timeline of events is reproduced herein-below: