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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ANAND SHARMA
Mahendra Kumar Sharma, S/o Late Sh. Narayan Sahay Sharma – Appellant
Versus
State Of Rajasthan Through Pp. – Respondent
Order :
ANAND SHARMA, J.
1. By way of Criminal Miscellaneous Petition, the petitioner has challenged FIR No.0243/2017 dated 17.07.2017 registered at Police Station Shastri Nagar, Jaipur City (North) for alleged offence under Sections 420 , 467, 468, 471 and 192 IPC .
2. It is stated that the petitioner and complainant are real brothers and there is dispute with regard to right, interest and title in respect of plot No.A-98, Indira Verma Kachi Basti, Shastri Nagar. One scheme was launched by the State Government for issuing lease deeds to the residents of Kachi Basti on the basis of possession and accordingly grandfather of the petitioner submitted an application for allotment, however, he expired on 24.01.1996. Petitioner was residing with his grandfather and after his death, he was in sole possession of the aforesaid plot. However, ignoring claim of the petitioner, the plot was allotted to another person Ishwar Lal S/o Bhairu Lal, therefore, one suit of permanent injunction was filed by the petitioner, which was decided in favour of the petitioner vide judgment and decree dated 01.03.2008, which reveals that the dispute was with regard to aforesaid plot No.A-98 and it was categorica
Civil disputes should not be converted into criminal cases; FIR quashed as allegations did not constitute an offense and indicated mala fides.
The court established that criminal proceedings cannot be used to settle civil disputes, emphasizing that the FIR lacked allegations constituting a criminal offence and should be quashed.
The court ruled that criminal proceedings based on civil disputes without clear fraudulent intent are an abuse of process, necessitating dismissal of such charges.
Civil disputes can involve criminal elements; thus, the existence of a civil remedy does not automatically justify quashing a criminal FIR.
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.
The central legal point established in the judgment is that for an act to constitute an offence under Section 420 of the Penal Code, there must be fraudulent or dishonest inducement, and the absence ....
Criminal prosecution cannot arise from a breach of contract; such grievances are solely civil in nature, thus warranting quashing of the FIR.
Inherent powers under Section 482 CrPC do not permit quashing proceedings when prima facie evidence of a crime is present, mandating a trial to ascertain truth.
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.
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