CMP 2336/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. CRIMINAL MISC. PETITION NO.2336/07 Smt. Soni Devi & Ors. Versus State & Anr. DATE OF ORDER : 17/01/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Sumer Singh, for petitioners Mr. R.P. Kuldeep, Public Prosecutor for State *** Instant petition has been filed for quashing of FIR No.132/07 registered at Police Station Dataramgarh, District Sikar against accused- petitioners for offence u/ss.365, 387, 465, 468 & 120B IPC. Complainant Chhotu Ram submitted a private complaint in which it was alleged that with regard to agriculture land in question a revenue suit No.157/06 [Narayanram Vs. Chhotu Ram] is pending and interim order was passed by learned Magistrate on 11th April, 2007. It was further alleged that on 15th July, 2007 the accused- petitioners forcibly took the complainant in their vehicle and after he was being fully intoxicated, they got certain papers signed by him and he was confined in independent place for number of days and they got his property sold through registered document and immediately when CMP 2336/07 [2] he came out from their rescue on 29th July, 2007 he went to the police station to register FIR. But since it could not have been registered, finally he approached the court by filing a private complaint which was sent u/s.156(3) Cr.P.C. on which FIR was registered. Counsel for accused-petitioners, while filing instant petition for quashing of FIR, submits that the complainant has filed a civil suit for cancellation of registered sale deed. In such circumstances, the matter being of civil nature, the FIR deserves to be quashed. After going through the FIR, prima facie substance of offence is made out and what has been submitted by petitioners can be their defence, but cannot be considered at this stage and it is for the Investigating Officer to examine during interrogation. This court does not find any substance to interfere in the instant petition, the same stands dismissed. [AJAY RASTOGI],J. FRBOHRA,JR.P.A.2336CMP2007 17-1.doc