[2025:RJ-JP:28744] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1975/2015 1. Kiran Gupta son of late Shri Ram Narayan Gupta, aged about 51 years, R/o Plot No.25, Gyan Vihar, DCM, Ajmer Road, Jaipur, Rajasthan. 2. Shri Nilesh Agarwal S/o Prakash Agarwal aged about 52 years, R/o 39, Gyan Vihar, DCM, Ajmer Road, Jaipur, Rajasthan. ----Petitioners Versus 1. State Of Rajasthan through Public Prosecutor 2. Pradeep Agarwal S/o Shri Deputy Mal Sharma, aged about 51 years, R/o Plot No.70-71, Patel Marg, Mansarovar, P.S. Shripa Path, Jaipur. ----Respondent For Petitioner(s) : Mr. Pradeep Choudhary, Adv. For Respondent(s) : Mr. Manvendra Singh, PP Mr. Sardar Singh, Adv. For respondent No.2. HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 29/07/2025 1. The present petition has been filed under Sections 482 of Cr.P.C. for quashing the FIR No.116/2015, registered at Police Station Shyam Nagar, District Jaipur (South) for the offences under Sections 384 and 504 of IPC. 2. It is contended by learned counsel for the petitioners that prima facie no offence is made out against the petitioners. It is contended that the petitioner- Kiran Gupta was President of the Resident Welfare Society made complaint against the Builder Nakoda Developers for illegal construction before the JDA Appellate Tribunal. The JDA Appellate Tribunal passed an order [2025:RJ-JP:28744] (2 of 2) [CRLMP-1975/2015] dated 11.12.2014 against the said Builder to restrain from illegal construction. Thereafter, the petitioner No.1 made several representations before the JDA seeking the enforcement of the order dated 11.12.2014, and in counterblast to the same, the respondent filed the instant FIR against the petitioners. It is further contended that the instant FIR is nothing but an abuse of process of law and there is no criminal antecedents against the petitioners, the petitioners are resident of the said society, therefore, the FIR against the petitioners may be quashed. 3. Learned counsel Sardar Singh appears on behalf of respondent No.2 and have filed the written reply, which controvert the fact made by the petitioners. 4. Heard and perused the material available on record. 5. The matter pertains to year 2015 and the material placed on record shows that the petitioner No.1 made several complaints against the Nakoda Builders for raising illegal construction and an order dated 11.12.2014 was passed against the Builder restraining from illegal construction. The petitioner No.1 also submitted an application for compliance of the order passed by the JDA, thereafter the respondent lodged this instant FIR for the offence under Section 384 and 504 of IPC. Considering the factual aspects, I deem it proper to quash the instant FIR No.116/2015, registered at Police Station Shyam Nagar, District Jaipur (South) pending against the petitioner. 6. Accordingly, the instant petition stands disposed of. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-68