DURGA LAL VERMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-petitioner has filed instant criminal misc. petition under Sec. 482 Cr.P.C., seeking to quash FIR No. 1097/2013 registered at Police Station JDA, Jaipur for offences under Ss. 420, 406 and 120-B IPC along with entire proceedings of investigation in the impugned FIR.

(2.) Learned Counsel for petitioner has vehemently argued that the FIR in question has been lodged by the complainant Mr. Ratanlal Agarwal (non- petitioner No. 2 herein), feeling aggrieved by non performance of an agreement to sale dtd. 4/4/2013 by the petitioner. But after lodging the impugned FIR, the complainant himself filed a civil suit for specific performance on the basis of same agreement, bearing Civil Suit No. 36/2014: Ratanlal Agarwal Vs. Durga Lal Verma & Ors., which has finally been decreed in favour of complainant vide judgment dtd. 25/5/2023 by the Court of Additional District Judge No. 3, Jaipur Metropolitan Ist. A copy of judgment dtd. 25/5/2023 has been placed on record. Learned Counsel submits that in the judgment dtd. 25/5/2023, it has been held by the Civil Court that petitioner agreed to sell his share in Plot No. 47 (264 Sq. Yards) situated at Neelkanth Colony, Jaipur to complainant (plaintiff in civil suit) against sale consideration of Rs.75.00 lakhs, out of whichRs.10.00 lakhs (' 4 lakhs cash andRs.6.00 lakhs by way of cheque) has been received by the petitioner and direction has been issued against the petitioner to perform the agreement dtd. 4/4/2013 in favour of plaintiff on receipt of balance sale consideration of ' 65 lakhs. Thus, Counsel for petitioner submits that the grievance of complainant, as put forth in the FIR, has been resolved by the Civil Court and in that view, the impugned FIR along with with investigation thereupon be quashed against the petitioner.

(3.) The contention of Counsel for petitioner is that otherwise bare perusal of contents of the FIR itself, give rise to dispute of civil nature between parties and lodging of FIR to settle such civil dispute by way of putting the criminal law in motion, is abuse of process of law, therefore, on this count as well, the impugned FIR and investigation thereupon is liable to be quashed.