(1.) The instant Criminal Misc. Petition has been filed under Sec. 482 of Cr.P.C. for quashing the FIR bearing No.0013/2023 dtd. 13/1/2023 registered at Police Station Ganga Shahar, District Bikaner for the offence under Ss. 420, 120-B, 467, 468, 470 of the Indian Penal Code.
(2.) The FIR alleges that the petitioners, along with others, had entered into an agreement to sell agricultural land to the complainant. The agreement stipulated that the petitioners would arrange for the sale deed to be executed by the original landowners within a specified time-frame. The complainant had paid an advance amount of Rs.75,00,000.00 to the petitioners towards the purchase price. However, despite repeated demands, the petitioners failed to fulfill their obligations under the agreement and refused to return the advance amount. The complainant further alleged that the petitioners had forged documents and cheated him by making false representations.
(3.) The petitioners contended that the FIR is wholly misconceived and has been lodged with mala fide intentions to harass them. They argued that the dispute is essentially of a civil in nature arising from a failed transaction in relation to land and that there is no evidence to support the criminal allegations of fraud, forgery, and cheating. The petitioners asserted that they are ready and willing to fulfill their obligations under the agreement and that the complainant has resorted to criminal proceedings to exert undue pressure. They further argued that the complainant has approached the Court with unclean hands and has already initiated civil proceedings regarding the same matter.