ASHOK SACHDEVA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant misc. petition has been filed by the petitioner for quashing of FIR No. 594/2018 registered at Police Station Jawahar Nagar, District Sriganganagar for offence under Sections 420, 120B IPC.

(2.) Brief facts of the case are that the complainant respondent No.2 submitted a written report before the SHO, P.S. Jawahar Nagar, Sriganganagar stating therein that the accused Ashok Sachdeva wanted to sell out the premises 10 x 50 feet and since the shops were occupied by tenants, upon asking, the accused assured that he will get the premises vacated and then he will execute the sale deed. On the assurance given by the accused, an agreement was executed on 07.12.2015 by the accused persons, however, the accused persons continuously extended the dates in the agreement and lastly refused to execute the sale deed and sold out the land in question to other person. On the basis of said complaint, FIR No. 594/2018 for offence under Section 420, 120B IPC was registered against the petitioners and investigation commenced.

(3.) Counsel for the petitioner submits that on perusal of the agreement executed between the parties, it will go to show that there are signatures of seller and two witnesses and signature of purchaser is not there which shows that the agreement per se is forged. It is argued that both the witnesses are father and son and the agreement has been fraudulently prepared by the complainant so as to blackmail the petitioners and extort money. It is further argued that the matter is purely of civil nature and therefore, the FIR may be quashed against the petitioners.