MOTI LAL PANDITA v. STATE TH.SHO.P/S.DODA AND ORS.
CRMC/500/2017 · 2025-03-07
Rajnesh Oswal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5031 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5031 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CRMC No. 500/2017 CrlM No. 368/2025 CrlM No. 303/2020 CrlM No. 302/2020
Moti Lal Pandita
…..Appellant(s)/Petitioner(s)
Through: Mr. Sumir Pandita, Advocate
vs
State of J&K and ors.
.…. Respondent(s)
Through: None
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER 07.03.2025
1. The petitioner has filed this petition for quashing FIR No. 72/2017 dated 21.08.2017 under Section 420, 403 and 409 RPC registered by respondent No. 1 at the instance of respondent No. 3. In the FIR, allegations levelled against the petitioner are that he had furnished a forged receipt to respondent No. 3 after receiving an amount of Rs. 7,00,000/-. During the pendency of this petition, the contesting parties have settled the dispute, regarding which, their statements have been recorded before the Registrar Judicial of this Court. The respondent No. 3-complainant has stated that she has no grievance against the petitioner and she does not want to pursue the impugned FIR against the petitioner. Serial No. 93
2 CRMC No. 500/2017
2. Mr. Sumir Pandita, learned counsel for the petitioner has submitted that GR No. 5906229 which was alleged by respondent No. 3 to have been provided to her by the petitioner, never pertained to the petitioner and as per the RTI information received from the Municipal Corporation, Jammu, the said GR No. 5906229 was issued in favour of Neelkanth (shop) and GR book was issued in favour of JMC.
3. In view of the above, this Court is of the considered view that in view of the documentary evidence brought on record by the petitioner and the statement made by respondent No. 3, continuance of the investigation in FIR impugned in this petition shall be nothing but an abuse of process of law. Accordingly the FIR No. 72/2017 dated 21.08.2017 under Section 420, 403 and 409 RPC registered against the petitioner is quashed.
4.
Disposed of.
(RAJNESH OSWAL)
JUDGE
Jammu 07.03.2025 Neha-II
NEHA KUMARI 2025.03.10 13:19 I attest to the accuracy and integrity of this document