PREM KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted. This appeal has been preferred against the judgment and order dated 25th February, 2013 of the High Court of Rajasthan at Jodhpur in S.B. Criminal Misc. Petition No.556 of 2012 whereby the High Court declined to quash the proceedings against the appellant in FIR No.46/2012 P.S. Hanumangarh Junction for the offence under Sections 380, 447, 448, 451, 417, 420, 423, 427, 406, 465, 468, 166, 167 and 120 -B I.P.C.

(2.) Case set out in the complaint filed by respondent No.2 is that vide agreement dated 16th March, 1989, an agreement to sell was executed by the appellant for sale of a plot on receiving a sum of Rs.10,500/ -, but he did not complete the sale. On 27th February, 1999, the said plot was sold to one Ravi Kumar by breaking the room and the compound wall etc. It was again sold by Ravi Kumr to Rajesh Grover on 07 th January, 2003. Rajesh Grover and Ravi Kumar took away the bricks and iron rods. On 10th December, 2011 in spite of being called upon, the accused refused to complete the sale. According to the complainant this amounted to offences mentioned above. The trial Magistrate directed that the complaint be sent to S.H.O. of the concerned police station for investigation. Accordingly, FIR was registered.

(3.) The appellant filed a petition under Section 482 Cr.P.C. seeking quashing of the proceedings by stating that the agreement to sell was executed by mother of the appellant who had died but as the patta was not issued and the sale could not be completed, the complainant took the refund. Thereafter in 1991, the land was recorded in the name of the appellant. The complainant remained silent for eleven years and even civil proceedings are barred by limitation.