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2022 Supreme(Raj) 953

BIRENDRA KUMAR
Pradeep Kumar – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Rajneesh Gupta, Mr. Nishant Sharma, Ms. Shashi Bala Jain, for the Appellant
Mr. Prashant Sharma, PP, Mr. Hv Nandwana, Mr. Yash Vardhan Nandwana, for the Respondent.

ORDER

1. The petitioners have sought for quashement of FIR No.0034/2022 registered under Sections 420, 467, 468, 471 and 120-B IPC on the grounds that:

    '(1) to settle a civil dispute, respondent No.2 has opted for a criminal proceeding which is not permissible in law;

    (2) the ingredients of none of the offences for which FIR was registered are made out, hence the criminal prosecution would be abuse of the process of the Court.'

    2. The background of this case is that respondent No.2 entered into separate agreements with the petitioners from 31.3.2013 onwards to purchase their individual share in plot No. 5089, 5096, 5097, 5098 and 5103. In each of the agreements, it is specifically mentioned that for the plots above, a case is pending before the Rajasthan High Court, Bench Jaipur, the petitioners would get the said case disposed of and thereafter get their respective names mutated in the revenue records and then sent a notice of these developments through registered post to respondent No.2. On receipt of notice from the petitioners, respondent No.2 would make payment of the remaining consideration money within six months and get the sale deed registered. If the petitioners would not abi

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