Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MANOJ KUMAR GARG
Bhunda Ram S/o Sh. Raja Ram – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
MANOJ KUMAR GARG, J.
1. Instant misc. petition has been filed by the petitioners for quashing of criminal proceedings arising out of FIR No. 101/2018 registered at Police Station Bagadi, District Pali for offence under Sections 420, 467, 468, 471, 447 & 120B IPC and Section 3(1)(f), 3(1)(g), 3(2)(v) of SC/ST (Prevention of Atrocities) Act.
2. Brief facts of the case are that an FIR No. 101/2018 came to be registered on the basis of written report filed by complainant respondent no.2 on 05.09.2018 stating therein that her father Dunga Ram had purchased a plot in village Bagdinagar on24.02.1968 from one Rajiya Seervi and since then, the complainant and her family are in possession. It was alleged that the accused, Bhunda Ram, Khuma Ram, and Uttam Chand, in furtherance of a conspiracy, executed a sale deed on 20th July 2018. Although Khasra No. 2318 was mentioned in the sale deed, which, in fact, does not belong to the complainant, the document falsely indicated the neighboring land as that of the complainant. It was alleged that the accused persons made an attempt to take possession of the plot of complainant.
3. Counsel for the petitioner submits that the present FIR is nothing
Criminal proceedings cannot be maintained if they are essentially civil disputes, especially when a civil remedy is available.
Criminal proceedings should not be pursued when the dispute is purely civil and lacks essential elements of a cognizable offence, to prevent misuse of criminal law.
The court held that criminal proceedings cannot continue when the underlying dispute is civil in nature, to prevent abuse of the judicial process.
The court established that civil disputes should not be pursued as criminal cases to prevent abuse of legal processes.
The main legal point established in the judgment is that when disputes between the parties constitute only civil wrong and not a criminal wrong, the Courts would not permit a person to be harassed. T....
The main legal point established in the judgment is the principle that the continuation of criminal proceedings would amount to an abuse of process of the Court, especially in the presence of pending....
The court established that civil disputes should not be cloaked as criminal offenses to avoid abuse of the judicial process.
The court established that civil disputes should not be cloaked as criminal offenses, allowing for quashing of FIRs when no criminal offense is disclosed.
The court emphasized that civil disputes should not be converted into criminal cases, and the continuation of such proceedings constitutes an abuse of the legal process.
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, as it constitutes an abuse of the judicial process.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
