SURESH DANGI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have filed the present criminal misc. petitions under Sec. 482 Cr.P.C. for quashing of FIR No.295/2020 registered at Police Savina, District Udaipur for the offence under Sec. 420 IPC.

(2.) Brief facts of the cases are that one Nand Lal has filed a complaint under Sec. 156(3) Cr.P.C. before the Additional Chief Judicial Magistrate No.3, Udaipur against the petitioners Suresh Dangi, Devi Lal, Gopal S/o Lalu Ram, Dalchand, Gopal S/o Shanker Gameti and Heera Lal stating, inter alia, that the complainant is having khatedari agricultural land situated at revenue village Eklingpura, Tehsil Girva, District Udaipur. It was alleged that in the month of August, 2014 accused petitioners came to the complainant and said that the present market value of his khatedari agricultural land is very low and asked the complainant to convert the land use so that the value of your khatedari agricultural land will be increased. It was alleged that accused petitioners assured the complainant that they will bear all the expenses for conversion of land use but for the said purpose complainant was asked to come to Udaipur to sign some papers in the government department. It was also assured that at the beginning accused-petitioners will pay some part amount to the complainant. It was also assured that after conversion of the land use, we will decide the value of the land and pay you accordingly. It was assured that after demarcation and selling the plots, 50% amount will be paid to complainant. The complainant under the assurance and belief of accused-petitioners gave consent for converting the land use into residential purpose. Upon consent, the accused petitioners paid a total sum of Rs.4,00,000.00 to the complainant. Thereafter, the complainant was asked to transfer the said land in the name of the accused-petitioners, as they were facing great hardship in converting the land use into residential. As the complainant was under belief of accused-petitioners, gave consent for initiating such proceedings.

(3.) It was alleged that on 30/9/2014 the accused-petitioners came to complainant's house and said that they will have to go to Udaipur for initiating the proceedings. Thereafter, complainant alongwith accused-petitioners came to Udaipur, where accusedpetitioners already got the stamp papers typed and took the signatures of complainant on the stamp papers. It was alleged that the complainant was asked to submit the aforesaid papers to the Officer by saying that complainant has received Rs.22,01,000.00 in cash and some cheques of Gopal's account and assured that the amount will be paid in complainant's account.