DEVI SINGH Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant misc. petition has been preferred by the petitioner seeking quashing of the FIR No.292/2015 registered at Police Station Udai Mandir Nagar, District Jodhpur for the offences under Sections 420 and 406 IPC.

(3.) Facts in brief are that the respondent no.2 Chotu Singh the complainant, filed the FIR under challenge through a complaint with the allegation that the petitioner accused executed an agreement to sell his agricultural land measuring 54 bighas 9 biswas in favour of the complainant on 20.3.2013 for a consideration of Rs. 20 lakhs. At the time of execution of the agreement, half of the land was entered in the name of the petitioner's maternal grandfather Roop Singh. The sole heir of Roop Singh was the petitioner's mother. The land was to devolve upon the name of the petitioner on the death of his maternal grandmother but inadvertently it was entered in the name of Jabbar Singh, Nathu Singh, Man Singh and Ram Singh residents of Sevala. The petitioner filed an appeal in the Court of S.D.M., Luni for setting aside the said mutation entry. It is alleged in the complaint that while entering into the transaction, it was specifically mentioned in the agreement that after the aforesaid appeal was decided, the accused would get his entire share of the land registered in favour of the complainant. However, on 6.4.2015, the appeal which was pending in the Court of S.D.M., Luni was withdrawn in connivance with the afore-named Jabbar Singh, Nathu Singh, Man Singh and Ram Singh and thereby, the petitioner cheated the complainant.