DARSHNA JASUJA Vs. STATE

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer for quashing the FIR No.431/2016 lodged against her at Police Station, Sadar, District Sri Ganganagar for the offences punishable under Sections 420, 406, 467, 468, 471 and 120-B IPC.

(2.) In the impugned FIR, it is alleged by complainant-respondent No.2 that grand-daughter of the petitioner sold a plot to him through agreement to sale dated 28.10.2014 and received Rs.10, 00, 000/- for it. It is also alleged by complainant-respondent No.2 that when he asked the petitioner and her grand-daughter to get the sale-deed registered for the said plot, for which the agreement to sale was executed, they refused to get the saledeed registered and later on, he came to know that they have already sold the plot in question to some other person before execution of the agreement to sale in his favour.

(3.) Learned counsel for the petitioner has argued that the agreement to sale dated 28.10.2014 was not executed by the petitioner but the same was executed by her grand-daughter Akanksha. It is also contended that as a matter of fact the complainant-respondent No.2 along with some other persons has hatched a conspiracy against the petitioner and her family members and created the agreement to sale on a blank paper, which was delivered to them in lieu of a loan advanced to the petitioner. It is also contended that an FIR has also been registered at the instance of the petitioner against the complainant-respondent No.2 and other persons and the same is pending investigation. It is also contended that the petitioner is neither executed nor an attesting witness of agreement to sale dated 28.10.2014. Learned counsel for the petitioner has, therefore, prayed that the impugned FIR may kindly be quashed. Heard learned counsel for the petitioner and perused the impugned FIR.