[2025:RJ-JP:44267]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3172/2014

1. Dinesh S/o Sagar Mal

2. Mukesh Chowdhry S/o Sagar Mal Both R/o Raigar Basti, Village Jahota, Tehsil Amer, Police Station Kaladera, District Jaipur.

----Petitioners Versus

1. State Of Rajasthan through P.P

2. Ashok Agarwal S/o Shri Niwas Mahajan, R/o 4/1/1. Vidyadhar Nagar, Jaipur.

----Respondents For Petitioner(s) : Mr. Amit Jindal with Mr. Anukram Singh Mr. Shubham Arora For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP HON'BLE MR. JUSTICE ANAND SHARMA

Order

04/11/2025

1. In the instant petition, the petitioners have challenged the FIR No. 258/2014 dated 21.04.2014 registered at Police Station Chomu, District Jaipur Rural for the offences under Sections 380, 447 & 506 of IPC.

2. Learned counsel for the petitioners has challenged the impugned FIR on the following grounds:

(i). FIR has been lodged by the complainant maliciously as a counterblast to retaliate the FIR No. 141/2014 dated 10.03.2014 earlier lodged by petitioner against the complainant for offences under Sections 147, 149, 323, 341, 504, 427, 436, 379 & 166 of IPC.

(ii). There is long ongoing dispute between the petitioner and the complainant in respect of land bearing No. 1649 measuring 0.45 Hectare situated at Village Jahota, Tehsil Amer, District Jaipur and one Revenue Suit No. 23/2014 has already been filed by the complainant Mr. Ashok Agarwal before the Assistant Collector and Executive Magistrate, Amer, District Jaipur, which is pending. In the aforesaid suit, it has been admitted by the complainant that the petitioners are in possession of aforesaid land since the year 2005. Thus, by way of filing the impugned FIR, the complainant has attempted to criminalize the civil dispute between the parties. (iii). Earlier also, the complainant caused ruckus and tried to forceably encroach upon the aforesaid land to disturb the possession of the petitioner and looking to the threat to peace, law and order, one notice under Section 145(1) of Cr.P.C. was issued by the Additional District Magistrate, Jaipur (South) to the complainant, which also reveals that even the police authorities found that the complainant wanted to take forceable possession of the aforesaid land. Earlier also, the complainant was bound for maintaining peace vide order dated 24.10.2013 in proceedings under Section 107/111 Cr.P.C. due to causing dispute in respect of aforesaid land.

(iv). The facts mentioned in the petition are sufficient to lead inference that the root cause of dispute between the parties is regarding possession over the land bearing Khasra No. 1649 measuring 0.45 Hectare, Village Jahota and by way of lodging the impugned FIR, the complainant is trying to exert undue pressure upon the petitioners to negotiate and concede the civil/revenue proceedings in favour of the complainant, thus, the impugned FIR is nothing bt sheer of abuse of process of law and is causing grave prejudice as well as miscarriage of justice to the petitioner.

3. Despite service, nobody is present on behalf of respondent No.2-complainant.

4. Learned Public Prosecutor opposed the criminal misc. petition and submitted that pursuant to FIR, police has investigated the allegations and cognizable offence is found to be made out against the petitioner.

5. Heard and considered.

6. It is settled proposition of law that the process under criminal law cannot be allowed to be misused so as to settle personal grudges or vengeance by criminalizing the civil disputes. In the instant matter, it is clear from perusing the material on record that the fundamental dispute between parties is in relation to possession of land bearing Khasra No. 1649 measuring 0.45 Hectare. In respect of the same land, for claiming possession, the complainant has already filed a revenue suit before the competent authority for possession and permanent injunction. Para 4 of the plaint (Annexure-8) would make it clear that the complainant