ORDER :

1. Learned Public Prosecutor has submitted the status report furnished by the Station House Officer, Beawar City, District Ajmer, which is taken on record.

2. As per the status report, after investigation, the offences have been found to be proved against the petitioners under Sections 193, 420 & 120-B of IPC.

3. This criminal miscellaneous petition under Section 482 CrPC has been filed for quashing the FIR No.216/2019 registered at Police Station Beawar City, District Ajmer for the offences under Sections 420, 406, 467, 468, 471, 452, 427 & 120-B of IPC.

4. Learned counsel for the petitioners submitted that the petitioner No.1 was neither aware of the execution of the registered sale deed dated 08.07.2013 by her power of attorney holder nor, she received any sale consideration under the aforesaid sale deed. He submitted that the complainant has already filed a civil suit seeking cancellation of the subsequent sale deed dated 21.05.2018 and hence, the FIR in question deserves to be quashed. Qua the petitioner No.2, learned counsel submitted that the FIR is bereft of any allegation against him. He submitted that the petitioner No.2 was neither the executor of the power of attorney nor of the subsequent sale deed dated 21.05.2018 and hence, he has falsely been implicated in this case. He, therefore, prayed for quashing the FIR in question.

5. Per contra, learned Public Prosecutor submitted that during the course of investigation it was found that the petitioner No.1 has executed the power of attorney as well as an agreement to sale dated 01.10.2012 in favour of the complainant under which she has already received the complete sale consideration. The power of attorney as well as the sale agreement was witnessed by the petitioner No.2. It was also mentioned in the agreement that the original title documents were handed over to the complainant. Thereafter, taking advantage of the plot lying vacant, the petitioner No.2 lodged a report dated 09.05.2018 with the Police Station Beawar Sadar, District Ajmer as to missing of the original title documents of the plot in question and thereafter the plot in question, which was already sold to the complainant, was re-sold in favour of third person. The subsequent registered sale deed also bears signature of petitioner No.2 as witness. He submitted that in view of the aforesaid material collected by the investigating agency during the course of investigation, the offences under Sections 193, 420 & 120-B of IPC have been found to be proved against the petitioners. He, therefore, prayed for dismissal of this criminal miscellaneous petition.

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

7. Undoubtedly, the FIR in question discloses commission of cognizable offences against the petitioner No.1 and the allegations have been found to be proved by the investigating agency.

8. The Hon’ble Apex Court of India in case of State of Haryana & Ors. versus Bhajan Lal & Ors. reported in 1992 Supp (1) Supreme Court Cases 335 in sub-clause 3 of para 102 has held as under:-

“3. Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.”

9. Thus as per the law laid down by the Hon’ble Apex Court of India in case of State of Haryana & Ors. (supra), the material collected by the investigating agency during the course of investigation can also be taken into consideration before quashing the FIR. The status report reveals that not only power of attorney; but, an agreement to sale dated 01.10.2012 was also executed by the petitioner No.1 in favour of the complainant receiving the entire sale consideration. Both these documents i.e. power of attorney and the sale agreement were witnessed by the petitioner No.2 also. Thereafter, despite specific averment in the agreement dated 01.10.2012 as to handing over of original title documents of the plot in question to