SIDHARTH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition is directed seeking quashing of the FIR No. 411 registered at Police Station Gudamalant, District Barmer for the offences under Sections 420, 415 and 418 IPC. Learned Counsel for the petitioner submits that an agreement was entered into between the petitioner and respondent No. 2 for sale of land belonging to the petitioner and respondent No. 2 for sale of land belonging to the petitioner in the village Gudamalant on 14.8.2007. The complainant paid a sum of Rs. 8875 at the time of the agreement and the remaining amount was agreed to be paid by 15.11.2007 on which the registry of the land was to be executed in favour of the complaint. Learned counsel contends that the complainant failed to make the payment of the remaining amount by 15.11.2007 on which another agreement was entered into between the parties, wherein the time for payment of the remaining amount was extended till 15.1.2008. The petitioner sold his land to Dala Ram S/o. Rani Dan on 29.11.2010. Thereafter, the complaint filed a suit for specific performance of agreement against the petitioner on 23.12.2010 and now he has entangled the petitioner in the aforesaid FIR without any justification. He submits that ex-facie, the allegations levelled by the complainant do not disclose any offence whatsoever. He thus, submits that the misc. petition deserves to be accepted and the FIR impugned and all subsequent proceedings thereto be quashed.

(2.) This Court had issued notices to the respondent complainant and had directed the learned public prosecutor to summon the case diary alongwith the Investigating Officer.

(3.) The Investigating Officer Shri Gaurav present in the Court submitted that initially the investigating agency after investigation had found the case to be of Civil nature and had proposed a Final Report in the case. Thereafter on the directions of the Superintendent of Police, the matter has been reinvestigated and now the Police proposes to file a charge-sheet against the petitioner for the offences under Sections 406 and 420 IPC.