JUDGMENT :

KULDEEP MATHUR, J.

1. The instant criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners seeking quashing of the FIR No. 215/2022 registered at Police Station Rajgarh, District Churu for the offences under Sections 420 and 406 IPC.

2. As per the FIR, the complainant-respondent No. 2 Mohammed Naseem son of Abdul Gani submitted a written report before PS concerned alleging inter alia that there is a property named Swami Tower located in Sheetla Bazaar, Rajgarh, District Churu with many shops constructed inside it, whose owners are accused-petitioner Nos. 1, 2 and 3 namely Radheshyam, Sumitra and Nand Lal respectively.

3. As per the FIR, on 29.06.2020, around 9 am, one Jagdish Kumar @ Jugal Mistry visited the house of the complainant-respondent No. 2 and told him that the Swami Tower situated in Sheetla Bazaar is for sale, since a lot of financial debt has accrued over the said property. Jagdish Kumar @ Jugal Mistry further told the complainant-respondent No. 2 that he will facilitate the purchase of the said property, if the complainant-respondent is interested in buying the same. The complainant-respondent No. 2 told accused Jagdish Kumar @ Jugal Mistry to call the owners of the property at around 2 PM, upon which, the petitioners Radheshyam, Sumitra and Nand Lal along with Jagdish Kumar visited the house of the complainant-respondent No. 2. The complainant-respondent No. 2 and the petitioners mutually agreed to sell the property for an amount of Rs. 5 crores and 11 lacs. Upon an agreement being reached at between the parties, the complainant-respondent No. 2 paid a sum of Rs. 11 lacs (Rs. 6 lacs were paid in cash while Rs. 5 lacs were paid through cheque) to accused-petitioners Radheshyam, Nand Lal and Sumitra in the presence of accused Jagdish Kumar @ Jugal Mistry. A photo copy of the agreement to sell dated 29.06.2020 arrived at between the parties, was given to the complainant-respondent No. 2 while the original document was retained by the accused-petitioners.

4. In order to purchase the property, the complainant-respondent has paid till date the accused-petitioners till date, a sum of Rs. 34,50,000 in cash and Rs. 65,50,000 through bank transfers in account of Swami Tower, in SBI Branch Industrial Area, Sadulpur, having Account No. 37468944579, in which Rs. 22,00,000/- were transferred and in another Bank Account of Swami Tower, having Account No. 37857373917, Rs. 43,50,000/- were transferred. A total of Rs. 1 crore has been paid by the complainant- respondent to the accused-petitioners.

5. On 23.05.2022, the complainant-respondent No. 2 told accused-petitioners that almost 2 years have elapsed since the agreement and the registry of the property may now be executed in his favour. The accused-petitioners refused to execute the registry in favour of the complainant-respondent No. 2. In these facts and circumstances, the complainant- respondent No. 2 lodged an FIR alleging accused-petitioners of hatching a conspiracy, having dishonest intention of cheating the complainant-respondent from the very beginning in order to grab his money for their personal gains.

6. Learned counsel for the petitioners submitted that a bare perusal of the FIR reveals that the dispute between the parties is purely of commercial/civil nature. Learned counsel submitted that the agreement to sale deed dated 29.06.2020, executed by the petitioners is only in relation to 527 square meter area on the 5th floor of Swami Tower. It was submitted that the petitioners are ready and willing to execute the agreement to sell/sale deed, subject to the condition that the complainant-respondent No. 2 pays the remaining due amount as per the terms of agreement to sell dated 29.6.2020.

7. Learned counsel vehemently submitted that a suit for specific performance has already been filed by the complainant-respondent No. 2 against the