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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Nirmala Purohit, W/o Jaswant Singh – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
Order :
ARUN MONGA, J.
1. Petitioner, a 68 years old senior citizen house wife and a resident of United States of America, is before this Court seeking quashing of an FIR No.183/2024 dated 23.08.2024 registered at Police Station Mathania, District Jodhpur City (East) for alleged offences under Sections 61 (2)(a), 62, 318(4), 338, 336(3), 336(4), 340(2), 341(2), 339, 342(1), 342(2) and 351(3) of Bhartiya Nyaya Sanhita, 2023.
2. Briefly, relevant facts of the case are that the aforesaid FIR was lodged on application/compliant filed by one Vishal Singh under Section 175 (3) of the Bharatiya Nagrik Suraksha Sanhita [corresponding with Section 156(3) of the Cr.P.C]. It was claimed that complainant had ancestral and possessory rights over 34 Bigha 11 Biswa of land in Khasra No. 519 in village Tinwari. The complaint stated that only the name of great-grandfather's brother was registered during the settlement process, which is currently pending in the Revenue Court, Osia and also Civil Court, Jodhpur.
2.1 The complainant alleged that Nirmala Purohit petitioner and others, concealed their American citizenship and used fraudulent documents to obtain Aadhaar cards to facilitate land purchase in I
Filing an FIR based on civil disputes without evidence of criminality is an abuse of process; mere misrepresentation for Aadhaar does not constitute an offence under the relevant legal provisions.
The mere existence of a civil dispute does not bar criminal proceedings where allegations disclose crimes, and the delay in filing a complaint does not negate the need for investigation.
The court held that misrepresentation in a land sale transaction constituted cheating under Section 318(4) of BNS, and the FIR could not be quashed as it disclosed a cognizable offence.
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.
The court emphasized that criminal proceedings cannot be initiated for civil disputes, and jurisdiction is essential for the validity of an FIR.
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