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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MAHENDAR KUMAR GOYAL
Satyanarayan Gupta S/o Late Radhe Shyam Gupta – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. filing of fir for alleged criminal acts (Para 1) |
| 2. arguments on civil dispute vs criminal case (Para 2 , 3 , 4) |
| 3. court analysis of fir allegations (Para 5 , 6 , 7) |
| 4. legal standards for quashing fir (Para 8 , 9 , 10 , 11 , 12) |
| 5. clarification on civil vs criminal overlap (Para 13 , 14) |
| 6. court's dismissal of the petition and rationale (Para 15 , 16) |
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 t
FIR cannot be quashed on grounds of civil dispute if specific criminal allegations exist; civil and criminal proceedings may proceed simultaneously.
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
(1) Quashing of criminal case – Jurisdiction under Section 482, Cr.P.C. is extraordinary in nature and is to be exercised with great caution – High Court must avoid usurping function of trial court o....
The criminal matters should be given precedence over civil proceedings, and mere pendency of civil suits cannot be a ground to quash the criminal proceedings.
The main legal point established in the judgment is the abuse of process of law and the quashment of F.I.R. based on the principles laid down by the Hon'ble Supreme Court.
The court emphasized the wide amplitude of inherent powers under section 482 of Cr.P.C. and the principles governing the exercise of such powers, highlighting the nature and gravity of the offence, p....
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