ORDER :

1. This criminal miscellaneous petition has been filed under Section 482 Cr.P.C. for quashing the FIR No. 0155/2020 registered at Police Station Jhalrapatan, District Jhalawar for the offences under Sections 380, 420, 467, 468 and 471 of IPC.

2. Drawing attention of this Court towards the agreement dated 02.10.2015 (Annexure-2), learned counsel for the petitioner submitted that the complainant has already sold the property in question in his favour and hence, the FIR deserves to be quashed. Learned counsel submitted that the complainant has filed a civil suit bearing No. 67/2019 wherein, there is no allegation of execution of any forged agreement to sell. He submitted that he has further sold the property vide agreement to sell dated 23.03.2020 to Shri Umar Farooq Gauri who has also filed a suit for permanent injunction against him. He, therefore, prayed that the FIR in question be quashed.

3. Learned Public Prosecutor submitted the status report dated 03.02.2021 furnished by the Station House Officer, Police Station Jhalrapatan, District Jhalawar, which is taken on record. As per the status report, from the investigation carried out so far, the allegations have found to be established against the present petitioner. Learned Public Prosecutor opposed the prayer made by the learned counsel for the petitioner.

4. Heard learned counsels for the parties and perused the record.

5. It is trite law that if bare reading of the FIR reveals commission of cognizable offence, this Court should not quash the same and scuttle the investigation at the threshold under its extraordinary jurisdiction vide Section 482 of Cr.P.C. The Hon’ble Apex Court of India in case of State of Andhra Pradesh vs. Bajjoori Kanthaiah and Others, AIR 2009 SCC 671, held as under:-

“8. As noted above, the powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see that its decision in exercise of this power is based on sound principles. The inherent power should not be exercised to stifle a legitimate prosecution. High Court being the highest Court of a State should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of magnitude and cannot be seen in their true perspective without sufficient material. Of course, no hard and fast rule can be laid down in regard to cases in which the High Court will exercise its extraordinary jurisdiction of quashing the proceeding at any stage. [See: The Janata Dal vs. H.S. Chowdhary and Others, AIR 1993 SC 892 and Dr. Raghubir Saran vs. State of Bihar and Another, AIR 1964 SC 1]. It would not be proper for the High Court to analyse the case of the complainant in the light of all probabilities in order to determine whether a conviction would be sustainable and on such premises, arrive at a conclusion that the proceedings are to be quashed. It would be erroneous to assess the material before it and conclude that the complaint cannot be proceeded with. In proceeding instituted on complaint, exercise of the inherent powers to quash the proceedings is called for only in a case where the complaint does not disclose any offence or is frivolous, vexatious or oppressive. If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by the Magistrate, it is open to the High Court to quash the same in exercise of the inherent powers under Section 482 of the Code. It is not, however, necessary that there should be meticulous analysis of the case before the trial to find out whether the case would end in conviction or acquittal. The complaint/F.I.R. has to be read as a whole. If it appears that on consideration of the allegations in the light of the statement made on oath of the compla