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2025 DAILYLAW 5771 (RAJ)

TEJ KANWAR PARIHAR @ TARA D/O GOPAL SINGH v. STATE OF RAJASTHAN

CRLMP/698/2025 · 2025-08-12

Sudesh Bansal

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:31265] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 698/2025 Tej Kanwar Parihar @ Tara D/o Gopal Singh, Aged About 34 Years, R/o Apna Ghar, Ashram Rani Bazar, Bikaner. ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Gayatri Kumari D/o Dulichand, Aged About 26 Years, R/o Vijay Nagar Colony, Ward No. 7, Heeradas Bharatpur, At Present Sector-9, Malviya Nagar, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Manvendra Singh Choudhary for Mr. Jayesh Sharma For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 12/08/2025 1. Instant misc. petition under Section 528 of BNSS has been filed by petitioner, for quashing of FIR No.646/2024 registered at Police Station Jawahar Circle, Jaipur City (East) for offences under Sections 420, 406, 506, 509 & 120-B IPC. 2. It has been argued that petitioner is not involved in the present criminal case in any manner and in-fact, the dispute of money transaction is between complainant and one Himanshu Mishra. The cheque of Himanshu Mishra was dishonored, whereagainst a complaint has been filed by complainant u/s. 138 of the NI Act. Counsel further argued that lodging of impugned FIR, is sheer misuse of process of law and virtually, the dispute is of civil nature, hence, the impugned FIR be quashed. [2025:RJ-JP:31265] (2 of 2) [CRLMP-698/2025] 3. At the outset, Public Prosecutor has submitted a copy of progress report of investigation dated 04.02.2025 before this Court, pointing out that after investigation in the impugned FIR, the Police has found no offence under Sections 420, 406, 506, 509 & 120-B IPC, is made out; dispute is virtually of civil nature and negative final report has been submitted before the Court. A copy of the progress report submitted by the learned Public Prosecutor is taken on record. 4. In such view of the matter, considering the fact that the Police has submitted negative final report in the present case, the cause of action for quashing of impugned FIR does not survive. 5. With the aforesaid observations, the present criminal misc. petition stands disposed of. 6. Stay application and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J Sachin/2