The Rajasthan High Court has quashed an FIR lodged by former Nagaur MP Jyoti Mirdha against her uncle and 12 others, including former state tourism minister Usha Poonia, accusing them of keeping her in the dark about selling a part of the family property.
Justice Arun Bhansali, while allowing the petition by the petitioners praying for quashing of the FIR, on Wednesday said the allegations in the case, even if taken on their face value, neither prima-facie constitute any offence nor does it disclose the commission of any offence and makes out a case against the accused.
The case made by the complainant was that the property was sold by her uncle former MP Bhanu Prakash Mirdha without the notice of the complainant's father. But the court concluded that the complainant was in knowledge of the sale of the property executed in 1988.
It further stated that challenge to the sale deed executed back in 1988 and which was in notice of the complainant when the partition suit was filed in 1999, is clearly an abuse of the process of law.
With this observation, the court said the complaint is clearly a misadventure on the part of the complainant to claim half share in the property sold by her uncle and which was in her notice prior to filing of the suit for partition.
The court further stated, "The present complaint has been lodged after an inordinate delay and the explanation given in the FIR for the delay is that the fact of committing forgery and selling of the disputed property came to the notice of the complainant only in the year 2018 during the proceedings in the partition suit."
"This assertion in the FIR at the face of it is untrue, as in the partition suit itself, it is mentioned that the disputed property has been sold and the purchasers are in possession and for that reason, the prayer for partition of Khasra Nos.103 and 106 is not being made," it said.
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