The FIR was quashed as it did not establish essential elements of the alleged offences, highlighting that the dispute was civil in nature rather than criminal.

Order

1. Indulgence of this Court is sought herein for quashing of an FIR No. 0299/2024 dated 27.07.2024, registered under Sections 420, 406, 467, 468, 471 and 120-B of the I.P.C., at Police Station Bhinmal, District Jalore.

2. Petitioners (accused in the FIR) and respondents No.2 (complainant in FIR) are family members. Dispute relates to estate of late paternal grandmother of the petitioners who was mother of the complainant/respondent no.2.

3. Complainant, the paternal uncle (chacha) alleges that his two nephews (petitioners) have forged the Will of his mother and basis thereof, after her death, they got the property in question transferred/mutated in their names in revenue records. Thus, in conspiracy with the revenue officials, they have cheated him and committed alleged offences under sections 420/406/467/468/471 read with 120-B of IPC .

4. ARGUMENTS OF THE PETITIONERS

4.1 At the very outset, de hors merits of the allegations in the FIR, relying upon the provisions of section 358 with emphasis on its sub section (3) of Bhartiya Nyaya Sanhita , 2023 (BNS), learned counsel for the petitioner canvassed that once the Indian Penal code stands repealed with effect from 01.07.2024, no FIR can be registered invoking the offences prescribed there under. On that ground alone, he seeks quashing of the FIR. Furthermore, he relies on a judgment rendered by this very bench in case titled Krishna Joshi versus State of Rajasthan, Rajasthan High Court- S.B.Cr.. Misc. (Pet.) No.4285/2024, dated 09.09.2024. Citing the same, he contends that once the BNSS is applicable w.e.f. 01.07.2024 as per ratio of judgement ibid, likewise, the applicability of BNS also must be interpreted in the same manner. Thus,he contended that after First of July, 2024 provisions of only BNS can be invoked and not those of IPC .

4.2 On merits, he would argue that ex facie the contents of FIR do not make out commission of any offence.

4.3 FIR is liable to be quashed since it is a purely family dispute. Transfer of property is duly documented/mutated in accordance with law. Dispute, if any, is absolutely civil in nature.

5. SUBMISSIONS BY THE RESPONDENTS

5.1 Au contraire, learned Public Prosecutor urged that an administrative circular dated 28.06.2024 has been issued by the Director General of Police, Rajasthan. Said circular governs registration of FIRs post 01.07.2024, whereby police officials have been instructed as below:-

5.2. Submission is that FIR has been rightly registered under the IPC as per circular ibid. No interference of this Court is thus warranted.

5.3 He and learned counsel for complainant-respondent No. 2 would further argue in unison that, in present case, though the First Information Report was registered on 27.07.2024 i.e. after 01.07.2024, but since the date of commission of alleged offence is 05.10.2021 (when the Will was allegedly forged / created by the accused) i.e. before 01.07.2024, therefore, in compliance of the order dated 28.06.2024, supra, the First Information Report has been rightly registered under relevant Sections of Indian Penal Code , 1860. However, the learned Public Prosecutor also argued that further investigation and procedural aspect would be carried out under the provisions of Bharatiya Nagrik Suraksha Sanhita, 2023 and not Cr.P.C, since the FIR is post 01.07.2024.

5.4 Learned counsel appearing on behalf of complainant respondent no. 2 relying on Article 20 (1) of The Constitution of India, would argue that that in the present case, since the act or omission ascribed to the petitioners-accus