ASHOK GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal miscellaneous petition has been filed under Section 482 CrPC for quashing the FIR No.0155/2020 registered at Police Station Jhalrapatan, District Jhalawar for the offences under Sections 380, 420, 467, 468 & 471 of IPC.

(2.) Drawing attention of this Court towards the agreement dated 02.10.2015 (Annexure-2), learned counsel for the petitioner submitted that the complainant has already sold the property in question in his favour and hence, the FIR deserves to be quashed. Learned counsel submitted that the complainant has filed a civil suit bearing No.67/2019 wherein, there is no allegation of execution of any forged agreement to sell. He submitted that he has further sold the property vide agreement to sell dated 23.03.2020 to Shri Umar Farooq Gauri who has also filed a suit for permanent injunction against him. He, therefore, prayed that the FIR in question be quashed.

(3.) Learned Public Prosecutor submitted the status report dated 03.02.2021 furnished by the Station House Officer, Police Station Jhalrapatan, District Jhalawar, which is taken on record. As per the status report, from the investigation carried out so far, the allegations have found to be established against the present petitioner. Learned Public Prosecutor opposed the prayer made by the learned counsel for the petitioner.