SURENDRA KUMAR BHATIA Vs. KANHAIYA LAL

JUDGEMENT

(1.) Leave granted. Heard counsel.

(2.) These appeals by special leave are preferred against the order dated 24.2.2006 passed by the Rajasthan High Court, allowing a petition filed by respondents 1 and 2 herein, under section 482 of the Code of Criminal Procedure ('the Code' for short) and quashing FIR No.241 of 2005 registered at Jyoti Nagar Police Station, Jaipur, in so far as respondents 1 to 3 herein.

(3.) One Chauthmal is said to have entered into an agreement of sale dated 11.8.1980 followed by an agreement dated 24.11.1988 agreeing to sell 20 bighas of land in Khasra No.9 in Sukhalpura village to Shiva Co- operative Housing Society Ltd. (for short 'Society'). The said agreement is said to have confirmed (i) that payment of the entire price of 20 bighas of land was made by the society to Chauthmal; (ii) that possession of the land agreed to be sold was delivered to the society; and (iii) that out of 20 bighas agreed to be sold, 5 bighas of land stood in the name of other persons and Chauthmal would ensure that an agreement was executed by them also in favour of the society in regard to that extent.