YOGESH SINGH TANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant petition under Sec. 482 of the Code of Criminal Procedure, 1973 has been preferred on behalf of the accused- petitioner with the prayer for quashing of F.I.R. No. 868/2019 registered at Police Station Pratap Nagar, Jaipur City (East) for offences punishable under Ss. 420, 406, 467, 468, 471 and 120-B of Indian Penal Code.

(2.) Learned Counsel appearing for the accused-petitioner has submitted that the impugned F.I.R. has been lodged by the complainant with an inordinate delay and as a counter-blast to falsely implicate the petitioner, as no case is made out against the petitioner. Counsel has further submitted that a civil suit is also pending before learned Civil Court for taking possession of acquired land by the Housing Board and when it came to the knowledge of the petitioner, he approached the complainant to return total amount of sale consideration and the complainant has not returned the said amount. Counsel has also submitted that the petitioner has filed the criminal complaint before the learned Court of A.C.J.M. Kotputli on 5/7/2019. The said Court has sent a complaint under Sec. 156(3) of Cr.P.C. to the Police Station Kotputli. On such complaint, Police registered a case/F.I.R. No. 496/2019 for offences punishable under Ss. 420, 406, 467, 468, 471 and 120-B of I.P.C. Lastly, Counsel has prayed that the present petition be allowed and the impugned F.I.R. No. 868/2019, alongwith all subsequent proceedings, be quashed and set aside.

(3.) Per contra, learned Counsel appearing for the State and the learned Counsel appearing for the complainant-respondent No. 2, have opposed the submissions made herein-above and prayed for dismissal of the present petition.