DHANI LAL SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed seeking quashing of the First Information Report of Nautan Police Station Case No. 322 of 2012, disclosing commission of offence punishable under Sections 406 and 420 of the Indian Penal Code.

(2.) The gist of the allegation, as contained in the written report of the informant, is that the petitioners owned a land pertaining to Khata No. 172, Khesra No. 43 and admeasuring 11 Kathas 16 Dhurs, situated at village Chaurama Patti. Allegedly, in the month of April, 1999, these petitioners had agreed to transfer the said land in favour of the informant at the rate of Rs. 23,000.00 per Katha, Rs. 2,71,000.00 , thus, being the total agreed consideration amount. It is also alleged that the informant had given to the petitioners a sum of Rs. 1,00,000.00 on 06.05.1999 through cheque and on different dates, the informant paid to the petitioners a sum of Rs. 1,01,600.00 as part payment of the consideration money. The last payment is said to have been made on 05.11.1999. It also transpires from the First Information Report that allegedly, it was agreed between the parties that the informant would be paying the remaining amount of Rs. 70,000.00 at the time of registration. It is alleged that these petitioners did not execute sale deed, as agreed upon, for which a panchayati was also held on 06.02.2011. The petitioner did not, however, abide by the decision of the Panchayat and refused to act upon the agreement entered into between the petitioners and the informant for transfer of the said land.

(3.) With these allegations, the aforesaid First Information Report came to be registered.