RAJPAL SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition u/s 482 of the Cr.P.C is filed for quashing of FIR registered at Crime No. 422/2017 dtd. 8/8/2017 at P.S. Bhawarkuan, Distt. Indore. It is further requested for quashing of order dtd. 12/12/2018 in RCT No. 215/2018 passed by the JMFC, Indore, whereby the charges punishable u/S 420 and 406 of IPC are framed against the petitioner.

(2.) It is undisputed that the Petitioner Rajpal Singh executed an agreement to sale in favour of respondent Gurpreet Saluja for sale of immovable property i.e Plot No. 42/18 admeasuring 30x45=1350 sq.ft. situated at Nanank Nagar, Pipaliyagaon, Indore for consideration of Rs.Thirty three Lakhs to be paid in four months. Both the parties had given notice to each other after the dispute arose between them. The petitioner filed a civil suit bearing Registration no. 42/2017 before Civil Judge Class II, Indore on 10/1/2017 against respondent no.2 for declaration and injunction to restrain respondent Gurpreet Saluja from interfering in his peaceful possession on disputed property. Respondent Gurpreet Saluja also filed Civil Suit bearing Registration No. 686/2019 on 21/7/2017 for specific performance of the contract against the petitioner Rajpal.

(3.) The petition, in brief, states as under: