BHUNDA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant misc. petition has been filed by the petitioners for quashing of criminal proceedings arising out of FIR No. 101/2018 registered at Police Station Bagadi, District Pali for offence under Ss. 420, 467, 468, 471, 447 & 120B IPC and Sec. 3(1)(f), 3(1)(g), 3(2)(v) of SC/ST (Prevention of Atrocities) Act.

(2.) Brief facts of the case are that an FIR No. 101/2018 came to be registered on the basis of written report filed by complainant respondent no.2 on 5/9/2018 stating therein that her father Dunga Ram had purchased a plot in village Bagdinagar on 24/2/1968 from one Rajiya Seervi and since then, the complainant and her family are in possession. It was alleged that the accused, Bhunda Ram, Khuma Ram, and Uttam Chand, in furtherance of a conspiracy, executed a sale deed on 20/7/2018. Although Khasra No. 2318 was mentioned in the sale deed, which, in fact, does not belong to the complainant, the document falsely indicated the neighboring land as that of the complainant. It was alleged that the accused persons made an attempt to take possession of the plot of complainant.

(3.) Counsel for the petitioner submits that the present FIR is nothing but abuse of process of law. It is argued that the complainant has already filed a civil suit for cancellation of sale deed, which is pending consideration before the court of Additional District Judge, Sojat. It is argued that the petitioner no.1 is khatedar tenant of Khasra No.2318 and in that capacity, a registered sale deed was executed in favour of petitioner Nos. 2 and 3 and complainant has not suffered any loss by execution of the sale deed. Even if there is any dispute, the same is purely of civil nature and complainant has already filed a suit before the Civil Court. It is also argued that the basic ingredients of alleged offences are totally missing and therefore, no offence under Ss. 420, 467, 468, 471, 447 IPC are made out. Learned counsel vehemently argues that the complainant is misusing the process of law as a tool to create pressure upon the petitioners for taking undue advantage. Therefore, misc petition be allowed and FIR may be quashed and set aside.