RAJESH KUMAR SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has filed this criminal misc. petition under section 482 Cr. P. C. for quashing FIR No. 402/2007 lodged by the respondent no. 2 Ramgopal Agarwal at the police station Nayapura, Kota under Sections 420, 406, 467 and 468 IPC wherein it has been alleged that the petitioner entered into an agreement for sale of the land described therein on 2. 5. 1990 in favour of the respondent no. 2 claiming the land to be his own and received Rs. 1,50,000/- as consideration from the respondent no. 2 whereas the land did not belong to him and it actually belonged to one Raju Lal S/o Gajanand Gurjar.

(2.) HEARD learned counsel for the petitioner, learned P. P. and learned counsel for the respondent no. 2.

(3.) THERE is force in the contention of learned counsel for the respondent no. 2 that the proposal of the petitioner to pay Rs. 4,50,000/- to the respondent no. 2 as per the terms of the agreement does not in this case absolve the petitioner from criminal liability. However, without being prejudiced by the above observation this aspect of the matter may be considered at an appropriate stage by the competent authority