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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
GANESH RAM MEENA
Ashok Yogi Son Of Kailash Chandra Yogi – Appellant
Versus
State Of Rajasthan, Through P.P. – Respondent
ORDER :
1. This criminal miscellaneous petition has been filed by the accused/petitioners with a prayer to quash the F.I.R. No.167/2021 (Annexure-1) registered at Police Station Jawahar Nagar, District Kota City for offences punishable under Sections 427, 380, 354, 354-D & Section 120-B of I.P.C. and Sections 3(2)(va), 3(1)(r) &
3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and all the consequential proceedings.
2. Mr. G.S. Bapna, learned Senior Counsel assisted by Mr. Banwari Singh, Advocate appearing for the accused/petitioners submits that he does not want to press the petition qua Petitioner No.3-Vipin Barthuniya.
3. In view of the submissions made by learned Senior Counsel appearing for the petitioners, the present Criminal Miscellaneous Petition, qua petitioner No.3-Vipin Barthuniya, is dismissed as not pressed.
4. The present criminal miscellaneous petition is now being considered on merits qua petitioners No.1 and 2, Ashok Yogi &Pradeep Kumar Suman.
5. Learned Senior Counsel appearing for the petitioners submits that petitioners have been implicated in this case on false and fabricated facts. He also submits that the co-accused Dinesh Kumar S
The court quashed the FIR as the allegations did not constitute a cognizable offence and were deemed a misuse of the legal process, given the existence of pending civil suits.
Section 465 of IPC deals with punishment for forgery.
The court ruled that criminal proceedings based on civil disputes without clear fraudulent intent are an abuse of process, necessitating dismissal of such charges.
The main legal point established in the judgment is that lack of prima facie evidence and mala-fide intention in a civil dispute can lead to the quashing of criminal proceedings.
Civil disputes should not be converted into criminal cases; FIR quashed as allegations did not constitute an offense and indicated mala fides.
The court affirmed that civil disputes do not preclude the initiation of criminal proceedings based on allegations of forgery and that both can arise from the same facts independently.
Criminal proceedings cannot be pursued when the validity of the document in question is already under adjudication in a civil court, to prevent abuse of the judicial process.
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