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Saurabh Sharma & Others v. State Of Rajasthan & Others

Saurabh Sharma & Others v. State Of Rajasthan & Others

(High Court Of Rajasthan, Jodhpur Bench)

S. B. Criminal Misc. (Pet.) No. 7104/2022 | 03-11-2022

1. By way of present petition, the petitioners have challenged the F.I.R. No.479/2022 registered at Police Station Nohar, District Hanumangarh for offences under Section 120-B, 420, 464, 385 & 427 of the Indian Penal Code.

2. Mr. Gautam, learned counsel for the petitioners argued that the F.I.R. against them has been filed vindictively by the complainant and a civil dispute has been given colour of crime.

3. Learned counsel for the petitioners argued that the grievance of the complainant in essence was that original documents have not been handed over to him, which documents have now been given to the complainant.

4. Mr. Limba, learned counsel for the complainant accepts the factum of documents having been received by the complainant. He submits that grievance of the complainant stands resolved and he has no objection, if the F.I.R. in question is quashed.

5. Having regard to the facts and circumstances of the case and considering that dispute in essence was that of civil nature and notwithstanding that the complainant has received all the documents, the FIR deserves to be quashed.

6. Hence, this criminal misc. petition is allowed and impugned FIR No.479/2022 registered at Police Station Nohar, District Hanumangarh is quashed. Consequence to follow.

7. The stay application also stands disposed of accordingly.

Advocate List
  • Mr. Kaushal Gautam

  • Mr. Gaurav Singh, P.P. Mr. Ankur Limba, for the respondent No. 2

Bench
  • HON'BLE MR.&nbsp
  • JUSTICE DINESH MEHTA
Eq Citations
  • LQ
  • LQ/RajHC/2022/11342
Head Note

Constitution of India, Art. 226 — FIR — Quashing of — Civil dispute given colour of crime — Grievance of complainant in essence was that original documents have not been handed over to him, which documents have now been given to the complainant — Held, dispute in essence was that of civil nature and notwithstanding that the complainant has received all the documents, the FIR deserves to be quashed