RAJENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of the instant misc. petition under Section 482 Cr.P.C., the accused Rajendra Singh has approached this Court seeking quashing of the FIR No.82/2017 registered at the Police Station Makrana, District Nagaur for the offences under Sections 420, 406 and 120B IPC.

(2.) Facts in nutshell are that the respondent No.2 complainant lodged the above mentioned FIR alleging inter alia, that he and the present petitioner executed an agreement for taking a mine owned by Smt. Bhanwar Kanwar and Ritendra Kanwar on lease for a period of ten years. A written contract was executed between the parties to this effect on 28.08.2012. Various heavy equipments and vehicles viz. LNT Machines, PCN Machine, tractor, motorcycles, wire saw machines, cranes, etc. were purchased by partnership firm to carry out the mining operations. After executing the agreement, the complainant and the petitioner started operating the mine jointly. After the mine had been operated for about 5 years, the complainant felt constrained in continuing business in collaboration with the petitioner on which, an agreement dated 26.02.2016 was executed stipulating certain terms and conditions for exit of the complainant from the joint mining operations. Claiming that the petitioner failed to fulfill his obligations under the said agreement dated 10.06.2016 and fraudulently disposed of the machinery, etc. without accounting for the complainant's share who was inflicted huge loss owing to the fraudulent activities of the petitioner. The complainant Bhanwarlal (respondent No.2) lodged the abovementioned FIR at the Police Station Makrana against the petitioner for the offences under Sections 420 , 406 and 120B IPC. Investigation was commenced and the I.O. collected the relevant documents during the course of investigation. The petitioner has approached this Court by way of the instant petition under Section 482 Cr.P.C. seeking quashing of this FIR.

(3.) Looking to the nature of the dispute, this Court directed the parties to make an attempt of settlement through mediation which proved unsuccessful. Thereupon, the matter was heard on merits.