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2024 Supreme(Raj) 631

SUDESH BANSAL
Durga Lal Verma S/o Late Shri Kanhaiya Lal Verma – Appellant
Versus
State of Rajasthan through PP – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Pranava Sharma
For the Respondent: Mr. Suresh Kumar, PP, Mr. L.L. Gupta

JUDGMENT :

Sudesh Bansal, J.

1. Accused-petitioner has filed instant criminal misc. petition under Section 482 Cr.PC, seeking to quash FIR No.1097/2013 registered at Police Station JDA, Jaipur for offences under Sections 420, 406 and 120-B IPC along with entire proceedings of investigation in the impugned FIR.

2. Learned counsel for petitioner has vehemently argued that the FIR in question has been lodged by the complainant Mr. Ratanlal Agarwal (non-petitioner No.2 herein), feeling aggrieved by non performance of an agreement to sale dated 04.04.2013 by the petitioner. But after lodging the impugned FIR, the complainant himself filed a civil suit for specific performance on the basis of same agreement, bearing Civil Suit No.36/2014: Ratanlal Agarwal Vs. Durga Lal Verma & Ors., which has finally been decreed in favour of complainant vide judgment dated 25.05.2023 by the Court of Additional District Judge No.3, Jaipur Metropolitan Ist. A copy of judgment dated 25.05.2023 has been placed on record. Learned counsel submits that in the judgment dated 25.05.2023, it has been held by the civil Court that petitioner agreed to sell his share in Plot No.47 (264 Sq. Yards) situated at Neelkanth

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