CHANDULAL Vs. STATE OF M.P

JUDGEMENT

(1.) The applicant has preferred this petition under Section 482 of Cr.P.C. for quashment of FIR bearing Crime No No.0366/2018 registered at Police Station Chandannagar, District Indore for the commission of offence under Section 177 , 192 , 420 , 467 , 468 , 471 and 120-B of I.P.C

(2.) The facts of the case are that the complainant/ respondent No.2 owner and possession holder of the land bearing survey No.92,93 and 96 situated at Village Bak Tehsil and District Indore. On 07.08.1986 the respondent No.2 entered into an agreement with the applicant for sale of his land bearing survey No.92, 93 and 96 area 0.44, 0.44 and 0.36 hectare respectively for the consideration of amount of Rs. 1,90,000/-. At the time of execution of agreement the applicant paid Rs. 60,000/- to the respondent No.2 as earnest money. The applicant agreed to execute the sale deed of the land after obtaining necessary no objection certificate from concerned authority. However, despite of the reminders given by the applicant the respondent No.2 failed to execute the sale deed of the said land in favour of the applicant. The respondent No.2 filed a complaint under Section 200 of Cr.P.C and moved an application under Section 156(3) of Cr.P.C. before the Court of Additional Chief Judicial Magistrate Indore alleging that the applicant prepared forge documents regarding the transfer of the aforesaid land and he forcefully took the possession of the land.

(3.) The learned Additional Chief Judicial Magistrate after examining the application filed under Section 156 (3) of Cr.P.C . sent it to the station house officer Police Station Chandanagar Indore directing for registration of FIR against the applicant. On the basis of which the police has registered FIR bearing Crime No.0366/2018 against the applicant and other co-accused person for the commission of offence under Section 177 , 192 , 420 , 467 , 468 , 471 and 120-B of I.P.C. Being aggrieved by the aforesaid the applicant has preferred this petition for quashment of said FIR.