Prashant Kumar Agarwal, J.

The accused-petitioners have filed this Criminal Misc. Petition under Section 482 Cr.P.C. with a prayer to quash FIR No.257/2014 registered at Police Station Jhotwara, Jaipur for the offences under Sections 384, 406, 420 and 120-B IPC mainly on the ground that the dispute between the parties is essentially of civil nature to which colour of criminality has been given by the respondent-complainant.

2. Brief relevant facts for disposal of this petition are that the respondent-complainant filed a complaint for the aforesaid offences against the petitioners and one Shri Roop Chopra on 2.4.2014 before the Additional Chief Metropolitan Magistrate No.3, Jaipur Metropolitan, Jaipur with the averment that petitioner-Shri Harpreet Sachdeva came to the office of the complainant on 20.1.2013 and asserted that he is one of the Directors of a company namely Captivate Consultant Services Pvt. Ltd. which has authorised capital of Rs. 25 lacs and the present market value of the same is Rs. 15,58,61,000/- and the company also owns a Plot No.C-1/1 situated at Jaisingh Highway, Banipark, Jaipur and the Directors of the company are interested to sell the aforesaid company and the plot. It was further averred that after perusing the relevant documents, the complainant agreed to purchase and the petitioners agreed to sell the aforesaid company and plot in lieu of a sale consideration of Rs. 15,58,61,000/- and the complainant paid a total amount of Rs. 1,45,28,000/- to the petitioners from time to time as part payment of the aforesaid sale consideration, but despite the demand made by him several times, the petitioner did not execute agreement to sell in writing and also did not issue receipt in respect of the amount received by them from the complainant. It was also averred that the petitioners also did not refund the aforesaid amount and when he made contact with them, they threatened him to dire consequences if he continues to demand for execution of agreement in writing and receipt. It was averred that the aforesaid act of the petitioners is offences punishable under Sections 384, 406, 420 read with Section 120-B IPC. The complaint so filed was sent for investigation under Section 156 (3) Cr.P.C. to Police Station Jhotwara, Jaipur where the aforesaid FIR was registered and investigation commenced. In these circumstances, the accused-petitioners have come to this Court by way of this petition.

3. It was submitted by the learned counsel for the petitioners that even if the version of the incident and the allegations made in the complaint are taken to its face value and treated to be correct and true in its entirety, even then the dispute between the parties is disclosed to be of civil nature as according to the complainant himself the petitioners who are Directors of the aforesaid company failed to reduce in writing the oral agreement of sale allegedly entered into between the parties and they also did not issue receipt regarding part payment obtained by them from the complainant and they also did not refund the money received by them as advance from time to time. According to learned counsel for the petitioners it is an admitted fact that title-deeds of the company and the plot were shown to the complainant in advance and he after satisfying himself about the authenticity and validity of the title and possession of the company entered into oral agreement and paid part of the sale consideration from time to time. It was also submitted that it is the case of the complainant himself that he stopped payment of some cheques given by him to the company and payment of certain cheques was not obtained by petitioners. According to learned counsel for the petitioners at the most it is a case of breach of a contract on the part of the petitioners for which the complainant is free to pursue an appropriate civil remedy, but he has chosen a path of registration of FIR with a sole purpose to harass and pressurise the petitioners