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HARKESH MANUJA
Rajesh Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Harkesh Manuja, J.
By way of present petition filed under Section 482 Cr.P.C., prayer has been made for quashing of FIR No. 290 dated 07.11.2019 registered Section 167, 420, 468, 471 467 and 120B of IPC, 1860 at PS Salem Tabri, District Ludhiana, Punjab as well as report under Section 173 Cr.P.C. dated 21.10.2023 submitted qua the petitioners.
2. The FIR in the present case was registered on the basis of complaint received from respondent No.2 alleging that the area of Khasra No. 425,426,574,575 etc. in the official revenue record was declared as streets, drains and roads vide Rapat No. 996 dated 17.05.2010 under the order of District Collector Ludhiana and Patwari-Baljit Singh through subsequent report No.247 dated 26.11.2014, by using his power in an illegal manner, issued a new "fard" to the land mafia by changing records pertaining to this area under streets, drains and roads. Thereafter, without there being any other document and without informing the complainant, he immediately approved the registration of 632 square yards of land and transferred it in the name of his partner vide vasika No. 11419 dated 05.12.2014. In this way, land mafia took over the possession of v
The findings of civil courts are not binding in criminal proceedings, and allegations in an FIR can be substantiated by confessions and evidence presented during investigation.
Cheating and forgery – A bonafide criminal prosecution cannot be quashed at threshold.
The power under Section 482 of Cr.P.C. should be used sparingly and with abundant caution, and criminal proceedings should not be used to settle purely civil disputes.
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.
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