[2026:RJ-JP:1203] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5896/2016 P. K. Jain S/o S.c. Jain, R/o B-6/98, Safdarganj Enclave, New Delhi. ----Petitioner Versus 1. State Of Rajasthan Through P.p. 2. Mahendra Chaudhary S/o Radheshyam B/c Jat, R/o Village Jatpura, Tehsil Ramgarh, District Alwar. ----Respondents For Petitioner(s) : Mr. Parth Sharma for Mr. Sudhir Jain For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 12/01/2026 The instant criminal misc. petition has been filed under Section 482 Cr.P.C. for quashing the FIR No. 416/2016 registered with police station Udhyog Nagar, Alwar for the offence under Sections 420, 406 and 120-B of IPC. It is contended by learned counsel for the petitioner that petitioner and respondent No.2 Mahendra Chaudhary have entered into an agreement to sale of Plot No. J-5 (corner), Modi Complex, MIA Alwar which was executed on 12.09.2012. It is contended that even if it is presumed that the petitioner has not fulfilled the conditions enshrined in the agreement to sale then also the dispute is of civil nature. The respondent instead of filing a civil suit lodged this FIR against the petitioner alleging offence under Section 420 and 406 of IPC. The contents of the FIR itself reveals that the dispute between petitioner and the respondent is purely a civil dispute. It [2026:RJ-JP:1203] (2 of 2) [CRLMP-5896/2016] is also contended that FIR was lodged after a delay of almost four years and as per Clause-5 of the agreement to sale agreement was valid for only up to 02.11.2012. It is further contended that for redressal of the grievance after registering the FIR, respondent has also filed a complaint before the Consumer Forum, which shows that lodging of the present FIR against the petitioner is nothing but an abuse of process of law and same deserves to be quashed. Learned Public Prosecutor has submitted the factual report. Respondent No. 2 is duly served. None appeared on behalf of respondent No. 2. Heard and perused the material available on the record. Admittedly, an agreement to sale for the disputed land was executed between the petitioner and respondent on 12.09.2012. The respondent instead of filing a civil suit has lodged an FIR alleging cheating by the petitioner. The contents of the agreement to sale reveals that the dispute between the petitioner and respondent is purely a civil dispute and the respondent has also approached the Consumer Forum for redressal of his grievance. The factual report also shows that police after investigation also concluded that the matter between the parties is purely of civil nature, therefore considering the aforesaid facts, the impugned FIR and all the pending proceedings arising out of the present FIR are hereby quashed and set aside. The present criminal misc. petitioner stands disposed of. All pending applications, if any, also stand disposed of. (PRAVEER BHATNAGAR),J ashu /44