[2025:RJ-JP:31409]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1404/2025 Ramniwas Daga Son Of Shri Gopi Kishan Daga, Aged About 43 Years, Resident Of Near Pareeko Ki Bagichi, Chandpole, Ward No.

13, Jodhpur- 342001, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Public Prosecutor.

2. Rajkumar Ajmera Son Of Shri P.D. Ajmera, Aged About 61 Years, Resident Of 126, Tonk Road, Jai Jawan Colony Ii, Near Income Tax Colony, Vidhayak Puri, Jaipur City (South), Jaipur, Rajasthan.

----Respondents For Petitioner(s) : Mr. Bhrigu Sharma with Ms. Samraddhi Sharma, Mr. Palash Srivastava, Mr. Ritik Yadav, Mr. Bharat Kaushik For Respondent(s) : Mr. Vivek Choudhary, PP Ms. Manjeet Kaur for the complainant.

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

12/08/2025

1. Instant Criminal Misc. Petition under Section 528 BNSS (erstwhile 482 Cr.P.C.) has been filed by the petitioner, for quashing of FIR No.51/2025 registered at Police Station Vaishali Nagar, Jaipur (West), for offences under Sections 420, 467, 468, 471 and 120-B of IPC.

2. The contention of counsel for the petitioner is that the contents of FIR, on their face value give rise to a dispute of civil nature at the most and fundamental ingredients to constitute the alleged offences are absent. It has inter alia been contended that as per the FIR, allegation against the petitioner is that he has prepared false and fabricated three sale receipts of even dated 15.02.2022 in respect of three plots bearing No. 06, 07 and 08 situated at Scheme No. 16- B, Girnar Colony, Hanuman Nagar Extension, Khatipura, Jaipur. It is further contention of the counsel for the petitioner that petitioner has already filed civil suit for specific performance, on the basis of alleged sale receipts which are indeed in the nature of sale agreement by their contents and all the original documents have been produced before the Civil Court. In the civil suit, after hearing the complainant, the Civil Court has passed interim stay order of status quo. It is further contended that the civil Court is seized with the issue of genuineness, legality and validity of three sale receipts, which shall be decided by the Civil Court on merits, after appreciation of evidence adduced by the parties. Hence, in such backdrop, lodging of FIR subsequently to filing of civil suit and continuation of investigation thereupon, is in sheer misuse of process of law as much as would lead to miscarriage of justice. Hence, to secure the ends of justice, it is desirable to quash the impugned FIR in the bud.

3. In support of his contention, learned counsel for the petitioner has placed reliance on the following judgments:

(i) Rikhab Birani & Anr. vs. State of Uttar Pradesh &

Anr. : [2025 LiveLaw (SC) 438]

(ii) Rajendra & Ors. v. State of Rajasthan: S.B. Criminal Miscellaneous Petition No. 2512/2014, at High Court of Rajasthan, Jodhpur

4. Per contra, contention of learned counsel for the complainant is that it is well established law that the civil proceedings can be continued parallel to the criminal proceedings. Learned counsel submits that the contents of FIR give rise to cognizable nature of offences, hence, at the stage of investigation, impugned FIR may not be quashed.

5. In addition, counsel for the complainant submits that during course of investigation, police procured the original three sale receipts from the Civil Court and sent them to the Forensic Science Laboratory (FSL) of State. As per the report of FSL, signatures of sellers on the receipts have not been matched with their admitted signatures. The copy of report of FSL has been placed on record. Thus, prima facie case of fabrication of sale receipts stands in favour of complainant and initiation of criminal proceedings against the petitioner, parallel to civil proceedings, initiated by accused petitioner may not be held faulted.

6. In support of his contention, learned counsel for the complainant has placed reliance on the judgments of th