SURESH KUMAR DHAKA Vs. STATE

JUDGEMENT

(1.) The present petition has been preferred by the petitioner Suresh Kumar Dhaka being aggrieved by the order dtd. 30/7/2018 passed by the learned Additional Chief Judicial Magistrate, Makrana whereby the machinery seized in connection with FIR No.82/2017, Police Station Makrana, District Nagaur was released in favour of respondent No.3-complainant.

(2.) Facts necessary for disposal of the instant Misc. Petition are that respondent No.3-complainant lodged an FIR alleging inter alia that he and Rajendra Singh executed an agreement for taking a mine on lease owned by Bhanwar Kanwar and Ritendra Kanwar for a period of ten years thus a written contract was executed between them on 28/8/2012. After execution of the said contract, heavy investment on purchase of equipments, vehicles and other needed things were made to carry out the mining operation. Merely, after five years of the said deed, due to certain dispute between Rajendra Singh and Bhanwar Lal, so they executed an agreement dtd. 26/6/2016 to set apart from each other whereby respondent No.3-complainant relinquished his interest for a consideration of amount totaling to Rs.1.01 crore.

(3.) Under the said agreement, Rs.50.00 lacs was paid in front by Rajendra Singh and balance amount of Rs.51.00 lacs was agreed to be paid later on. Thereafter, on the basis of certain alleged events, a police report under Ss. 420, 406 and 120B of the IPC was filed by the respondent No.3, upon which Rajendra Singh approached this Court for quashing of FIR No.82/2017 registered at the Police Station Makrana, District Nagaur on the ground that complainant had voluntarily opted to quit from the joint business and Rajendra Singh has absolute right over the mine and equipment installed thereupon. Thus, the case set up by a complainant in FIR for alleged offences regarding fraud and breach of trust by disposing the machinery etc. is absolutely untenable.