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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
GANESH RAM MEENA
Ramesh Chand Gurjar, S/o. Shri Ramkaran Gurjar – Appellant
Versus
State of Rajasthan Through PP – Respondent
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 Met
The court quashed the FIR as it lacked evidence and constituted a civil dispute improperly framed as a criminal matter.
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The main legal point established in the judgment is the need for cautious interference in criminal proceedings at the initial stage and the requirement of sufficient time for police investigation bef....
Civil disputes can involve criminal elements; thus, the existence of a civil remedy does not automatically justify quashing a criminal FIR.
(1) Quashing of criminal case – High Court is justified in quashing complaint and FIR at a stage when Magistrate had merely directed investigation under Section 156(3) Cr.P.C.(2) Quashing of criminal....
It is well settled that in order to constitute an offence of cheating, it must be shown that the accused had fraudulent or dishonest intention at the time of making the representation or promise and ....
The court established that allegations of cheating under Section 415 of IPC can be sufficient to warrant an investigation, and that the powers under Section 482 of Cr.P.C. should be exercised with ca....
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.
Filing a criminal complaint after losing in civil litigation can indicate abuse of process, especially when material facts are suppressed.
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