The court quashed the FIR as it lacked evidence and constituted a civil dispute improperly framed as a criminal matter.

ORDER :

1. Both the criminal misc. petitions arise out of common F.I.R., hence, both are being decided by this common order.

2. By filing both the criminal misc. petitions under Section 482 Cr.P.C., the accused-petitioners have prayed to quash the impugned F.I.R. No.970/2016 dated 21.11.2016 registered at Police Station Jawahar Circle, District Jaipur East for the offences punishable under Sections 403, 406, 418, 420, 467, 468, 471 & 120-B IPC.

3. Brief facts of the case are that the complainant/non-petitioner lodged an F.I.R. No.970/2016 dated 21.11.2016 at Police Station Jawahar Circle, District Jaipur East for the offences punishable under Sections 403, 406, 418, 420, 467, 468, 471 & 120-B IPC to the effect that the accused-petitioners want to grab the land/way by preparing forged pattas of Plot No.C-41/D and C-41/E with the aid of forged sale agreements. The complainant/non- petitioner also stated in the impugned F.I.R. that the Plot No.B-40 never remained in existence and even then the petitioners made forged and fabricated pattas and grabbed the land.

After investigation, the Police submitted Final Negative Report No.599/2017 dated 20.12.2017 before the Court of learned Chief Metropolitan Magistrate, Jaipur Metropolitan, Jaipur.

On the aforesaid final negative report, the learned Magistrate issued notice to the complainant on 22.12.2017 regarding accepting of Final Negative Report.

In the meanwhile, accused-petitioner- Ramesh Chand Gurjar filed S.B. Criminal Misc. Petition No.6143/2016 before the Rajasthan High Court, Jaipur Bench Jaipur, in which the Co-ordinate Bench of this Court vide order dated22.12.2016 directed not to take coercive steps against him.

4. Learned counsel appearing for the accused- petitioner- Ramesh Chand Gurjar in S.B. Criminal Miscellaneous (Petition) No. 6143/2016 submitted that the impugned FIR is against the equity, natural justice and hence, is liable to be quashed and set aside by this Hon'ble Court. It is also submitted that the petitioner Ramesh Chand Gurjar had purchased the Plots No. C-41/D, C-41/E and B-40 from its allottee/ original owner and he has not fabricated any documents in his favour. Learned counsel further submitted that the petitioner had purchased the Plot No. C-41-D from the mother of the non petitioner no.2, who is still the Director of Selfridge Institute Private Limited. The non petitioner no.2 has not disclosed the name of his mother in the FIR because the FIR is based on false and concocted facts and thus, he did not mention the name of his mother in the FIR. The Plot No. C-41/E was also initially in the name of Selfridge Institute Private Limited and later on it was sold to accused kishan Lal and after that the petitioner purchased this plot from accused Kishan Lal through the registered sale deed. The JDA has also replaced the name of the petitioner in their list. As such the petitioner is legally owner of the Plot Nos. C-41/D and C- 41/E. Thus, the impugned FIR is based on false and baseless facts and as such, deserves to be quashed and set aside.

Learned counsel further submitted that the Plot No.B-40 of the said scheme was initially allotted to Raghuveer Singh and later on the petitioner purchased the same from him and the Society had transferred the patta in the name of petitioner and the society has issued new patta, site plan and possession letter in his favour. As such, the petitioner is the owner of the Plot No. B-40 of the scheme. It is also submitted that all the original pattas are having the signatures of the Office Bearers, the relatives of the non petitioner no.2, but in the FIR, no allegation has been made against the officer bearers of the Society, which shows the malafide intention of the non petitioner no.2.

Learned counsel also submitted that the Society has prepared two lists of its member out of which one audited list sent to the Registrar, Cooperative Societies and another list was kept in its office. The society made a mistake in the list at Serial No.