[2025:RJ-JP:41748]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 2677/2022

Smt. Shanti Devi Wife Of Shri Ramprasad Jat, Aged About 42

Years, Resident Of 323, Krishi Nagar Toll Tax, Sanganer, Jaipur.

----Accused-Petitioner

Versus

1. State Of Rajasthan, Through Public Prosecutor.

...Respondent

2. Shankar Lal Sharma Son Of Shri Narayan Lal Sharma,

Resident Of Plot No. 01, Krishi Nagar, Toll Tax, Tonk Road,

Sanganer, Jaipur.

----Complainant/Respondent

For Petitioner(s) : Mr. Prahlad Sharma

For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP

Mr. Dinesh Choudhary

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

13/10/2025

This criminal miscellaneous petition under Section 482 Cr.P.C.

has been filed for quashing the FIR No.1326 dated 18.08.2019 lodged by the respondent no.2/complainant (for short, ‘complainant’) at Police Station Sanganer, District Jaipur City (East) for the offence under Sections 447, 504 and 506 of IPC as also for quashing the order dated 23.12.2021 passed by the learned Additional Chief Metropolitan Magistrate No.13, Jaipur Metropolitan-I, Headquarter, Sanganer (for short, ‘learned ACMM’) whereby, the matter was remitted to the investigating agency for

further investigation.

Learned counsel for the petitioner submits that contents of

the subject FIR do not disclose commission of offence of either

cheating or forgery. He further submits that a civil suit filed by her against the complainant involving the self same property is pending consideration before the Civil Court and therefore, the subject FIR is not maintainable. Learned counsel further submits that initially, the police has, after investigation, submitted negative final report finding the dispute to be of civil nature; but, the learned ACMM issued direction for further investigation vide order dated 23.12.2021 without considering the contents of the final report, rendering it illegal. He, therefore, prays that the criminal misc. petition be allowed, the subject FIR as also the order dated 23.12.2021 be quashed and set aside.

Per contra, learned Public Prosecutor, assisted by the learned counsel for the complainant, would submit that the FIR cannot be quashed as it discloses commission of cognizable offence by the petitioner. He, inviting attention of this Court towards the status report dated 24.07.2025 furnished by Police Station Sanganer, Jaipur (East), would submit that upon subjecting the title documents submitted by the petitioner to Forensic Science Laboratory Examination, signature of Shri Radhey Shyam Mehrwal-Secretary of the Vikas Bhawan Grah Nirman Sahkari Samiti Limited, has been found to be forged. He, therefore, prays for dismissal of the criminal misc. petition.

Heard. Considered.

It is trite law that if the contents of FIR disclose commission of cognizable offence, it cannot be quashed by the Court exercising its inherent jurisdiction under Section 482 Cr.P.C. In the instant case, the FIR discloses commission of cognizable offence of criminal trespass against the petitioner. Further, during the course of investigation, it is revealed that the petitioner has used forged allotment letter allegedly issued in her favour of the subject land by the Vikas Bhawan Grah Nirman Sahkari Samiti Limited through its Secretary-Shri Radhey Shyam Mehrwal. It has been held in the case of State of Haryana and Others vs. Bhajan Lal and Others: 1992 Supp (1) Supreme Court Cases 335 that where the uncontroverted allegations made in the FIR and the evidence collected in support thereof, do not disclose commission of any cognizable offence, the FIR can be quashed; but, herein, not only the FIR discloses commission of the cognizable offence by the petitioner but, from the evidence collected by the investigating agency, it is revealed that the petitioner used forged document to claim title over the subject property. Therefore, in view of the status report dated 24.07.2025 furnished by SHO Police Station Sanganer, Jaipur (East) reflecting for