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2013 Supreme(Raj) 1085

R.S.CHAUHAN
Nanchu – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioners:Sanjay Joshi, Advocate.
For the State: J.R. Bijarnia, Public Prosecutor.

JUDGMENT

1. - The petitioners have prayed for quashing the FIR No. 78/2013 lodged at Police Station Harmada, Jaipur City (North) for the offences under Sections 420, 406 and 120-B IPC.

2. Briefly, the facts of the case are that the complainant had filed a complaint before the Metropolitan Magistrate No. 25, Jaipur Metropolitan, Jaipur, wherein he claimed that his father late Shri Om Prakash had entered into an agreement to sale on 29.12.2011 with regard to a land which belonged to petitioner no. 1 Nanchu. The petitioner no. 3 Birdaram Serawat had introduced his father to petitioner no. 2 Babulal Kumhar and told him that Babulal Kumhar is interested in selling his land lying in Khasra No. 80, 81, 82, 83, 84, 85, 87, 88 and 89. According to the agreement, his father was required to pay 21,61,000/- per bigha. In pursuance of the said agreement, his father paid Rs. 5 lakhs in cash to petitioner no. 1 Nanchu and gave him two cheques of Rs. 4 lakhs each. Thus, his father gave a total of Rs. 9 lakhs to the accused persons. Despite the fact that the said amount was paid and despite the requirement of the agreement that the petitioner would get the land partitioned within six days, the petit










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