Criminal proceedings cannot be maintained if they are essentially civil disputes, especially when a civil remedy is available.

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 but abuse of process of law. It is argued that the complainant has already filed a civil suit for cancellation of sale deed, which is pending consideration before the court of Additional District Judge, Sojat. It is argued that the petitioner no.1 is khatedar tenant of Khasra No.2318 and in that capacity, a registered sale deed was executed in favour of petitioner Nos. 2 & 3 and complainant has not suffered any loss by execution of the sale deed. Even if there is any dispute, the same is purely of civil nature and complainant has already filed a suit before the Civil Court. It is also argued that the basic ingredients of alleged offences are totally missing and therefore, no offence under Sections 420, 467, 468, 471, 447 IPC are made out. Learned counsel vehemently argues that the complainant is misusing the process of law as a tool to create pressure upon the petitioners for taking undue advantage. Therefore, misc petition be allowed and FIR may be quashed and set aside.

4. Learned Public Prosecutor and counsel for the respondent no.2 vehemently opposed the prayer and argued that mere pendency of civil litigation before Civil Court will not create a bar for continuance of criminal proceedings. Learned counsel for the complainant submits that in a catena of judgments, it has been held that if criminality exists, civil proceedings with regard to same facts will not debar criminal proceeding. It is submitted that the facts are more than sufficient to show that the petitioners have committed the alleged offences for which, they are liable for criminal prosecution, therefore, at this stage, the FIR is not liable to be quashed.

5. I have considered the rival arguments and carefully gone through the FIR and material on record.

6. The primary issue that has been raised by learned counsel appearing on behalf of the petitioners is to the effect that it is a civil nature dispute and that the registration of criminal case is an abuse of process of law. Invariably, in the case relating to cheating and fraud, there is generally some element of civil nature. The offences affecting the rights of a person in respect to his property and more so offences such as Criminal Breach of Trust, Stolen property, Cheating, Fraudulent Deeds and Disposition of Property, etc. a criminal proceeding can be initiated and the accused can be brought to justice. Similarly, in this type of cases a civil suit can also be initiated for recovery of money, property or title dispute as regard to the loss incurred. Regarding the facts and circumstances of the case, the criminal proceedings may be given more significance than the civil proceeding, however there is no hard and fast rule regarding the same. Both civil and criminal proceedings can be initiated by the victim simultaneously with disti