R. SUGUNA Vs. STATE

JUDGEMENT

(1.) This petition is filed under Section 482 of Criminal Procedure Code, 1973 seeking to quash the FIR in Crime No. 431/2012 registered for the offences punishable under Sections 420, 467 and 468 of Indian Penal Code, 1860.

(2.) Heard the learned Counsel for the petitioner and learned Counsel for respondents 2 and 3 and learned SPP for respondent 1.

(3.) An agreement of sale dated 22-8-2007 was entered into between the petitioner (hereinafter referred to as "the accused") and respondent 3 Smt. Saraswathamma in respect of the agricultural land bearing Sy. No. 20/2 measuring 2 acres 14 guntas and Sy. No. 20/3 measuring 2 acres 16 guntas. The petitioner herein agreed to purchase the said property for a total consideration of Rs. 9,26,25,000/-. Under the said agreement a sum of Rs. 2,50,00,000/- was paid to respondent 3 as advance. Petitioner filed a suit in O.S. No. 676/2011 for specific performance of the aforesaid agreement of sale contending that in terms of the aforesaid agreement of sale, from time to time, she has paid a total sum of Rs. 7,80,00,000/-. In the suit, the second respondent namely husband of the third respondent was arrayed as defendant 2 and it was specifically averred that in terms of the aforesaid agreement, a part of the consideration amounting to Rs. 5,30,00,000/- was paid to respondent 2 on execution of various receipts by respondent 2-Sri Manjunath.