FIR cannot be quashed on grounds of civil dispute if specific criminal allegations exist; civil and criminal proceedings may proceed simultaneously.

ORDER :

1. This criminal miscellaneous petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for quashing the FIR No. 0251 dated 31.08.2025 registered at Police Station Ashok Nagar District Jaipur City (South) under Sections 316 (2), 318(4), 336(2), 338, 340(2) and 61(2) of Bharatiya Nyay Sanhita, 2023.

2. Learned counsel for the petitioner submits that giving a civil dispute colour of criminal case, the instant FIR has been lodged. He submits that acting pursuant to a development agreement entered between the parties, he had got issued pattas from JDA, sold the plots to various persons and deposited the amount so received in the escrow account. He further submits that all the documents, referred to in the FIR, have already been examined by the Arbitrator. He, therefore, prays that the criminal misc. petition be allowed and the subject FIR be quashed and set aside.

3. Per contra, learned Public Prosecutor opposes the prayer.

4. Heard. Considered.

5. A perusal of the contents of the subject FIR reflects commission of cognizable offence by the petitioner. Although, the genesis of the allegations is a development agreement entered between the parties; but, there are specific allegations in the FIR against the petitioner of fabricating and forging the documents as also of dishonest misappropriation of money. The FIR contains following specific allegations:

6. From the aforesaid allegations in the FIR, it cannot be reckoned as a dispute of civil nature. While laying down succinctly the scope of interference by the Constitutional Court in the ongoing investigation, Their Lordships have held in the case of State of Haryana and Ors. vs. Bhajan Lal and Ors. 1992 Supp (1) Supreme Court Cases 335 as under:

102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extra-ordinary power under Article 226 or the inherent powers Under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

1. Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima- facie constitute any offence or make out a case against the accused.

2. Where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers Under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

3. Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

4. Where, the allegations in the F.I.R. do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated Under Section 155(2) of the Code.

5. Where the allegations made in the FIR or complaint are so abs