[2025:RJ-JP:41742]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 5491/2016

Smt Rambakshi W/o Late Shri. Ramvilas, Plot No. 168 Harijan Basti, Koliyo Ki Khari Kothi, Babu Ka Tila Ps Ramganj, Distt.

Jaipur

----Petitioner

Versus

1. State Of Rajasthan Through Pp

2. Ramesh S/o Late Shri. Mahadev, Plot No. 168 Harijan

Basti, Koliyo Ki Khari Kothi, Babu Ka Tila Ps Ramganj,

Distt. Jaipur

----Respondents

For Petitioner(s) : Mr. T. C. Sharma, Adv. with

Mr. Himanshu Agarwal, Adv.

For Respondent(s) : Mr. Vivek Choudhary, PP

For Complainant(s) : None

HON'BLE MR. JUSTICE ANAND SHARMA

Judgment

13/10/2025

1. This Criminal Miscellaneous Petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer to quash and set aside FIR No.147/2007 registered at Police Station Bani Park, Jaipur City (South) and all the subsequent proceedings including order of cognizance dated 30.11.2015 passed by Additional Chief

Judicial Magistrate No.8, Jaipur Metropolitan, Jaipur.

2. It is stated that late Sh. Mahadev son of Sh. Sona was owner of Plot No.168, Harijan Basti Yojna, Chokdi Topkhana Hajuri, Jaipur. Sh. Mahadev had two sons Ramesh and Ramvilas.

Petitioner is widow of Ramvilas, who died on 10.03.1994.

3. During his life time, late Sh. Mahadev executed one Will dated 25.05.1988, whereby it was declared that after his death, both of his sons Ramesh and Ramvilas shall be having equal half share in aforesaid plot No.168.

4. It was submitted that as per aforesaid Will, earlier husband of the petitioner and thereafter, the petitioner has been in ownership and possession of half portion of plot No.168. It has also been submitted that the complainant-Ramesh applied for issuance of lease deed (patta) of plot No.168, however, on account of alleged dispute between the heirs of late Sh. Mahadev, the authority asked him to produce succession certificate for which he submitted an application under Section 372 of Indian Succession Act, 1925 before the Competent Civil Court. In the said application, the petitioner was also impleaded as a party who submitted reply to the application in the manner that she was having right in respect of half of the share of plot No.168 by virtue of Will dated 25.05.1988, which was executed by late Sh.

Mahadev in favour of her husband.

5. It is submitted that the aforesaid application was dismissed by the Competent Civil Court on 26.02.2007.

6. Immediately after dismissal of the said complaint, concealing the fact with regard to earlier litigation, one criminal complaint No.56/2007 was lodged by the complainant against the petitioner being widow of late Sh. Ramvilas and other two persons Gopi and Raju who stood as witness on the said Will.

7. It is submitted that thereafter, both the witnesses Raju and Gopi have also expired.

8. It is further submitted that pursuant to the said FIR detailed investigation was conducted by the Police Authority and thereafter, one negative final report was submitted before Competent Court revealing therein that the dispute between the parties was of the civil nature and no offence is found to have been made out against the petitioner.

9. It is further submitted that against the said negative final report, protest petition was lodged by the complainant and on such protest petition vide order dated 30.11.2015, learned Additional Chief Judicial Magistrate No.8, Jaipur Metropolitan directed the Police Authority to conduct re-investigation.

10. Learned counsel appearing for the petitioner submits that firstly, the facts would reveal that the FIR was malicious in nature as earlier, the same was subject matter of consideration in civil litigation under Section 372 of Indian Succession Act between the complainant and the petitioner. However, after remaining unsuccessful in the civil litigation, FIR was lodged by the complainant, and there was no reference whatsoever in the FIR with regard to fate of earlier civil litigation.

11. It was further submitted that in Will dated 25.05.198