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2023 Supreme(J&K) 104

RAJNESH OSWAL
Ifikhar Khan Salaria – Appellant
Versus
Station House Officer – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Y.E. Tak
For the Respondent: Pawan Dev Singh, D.S. Chauhan, Damini Singh Chouhan

JUDGMENT :

1. The present petition has been filed by the petitioners, who are the husband and wife respectively, for quashing the FIR bearing No. 56/2021, dated 03.11.2021 for commission of offences under sections 420 and 448 IPC registered with Police Station, Peer Mitha, Jammu registered by Respondent No. 1 at the instance of Respondent No. 2. It is stated that the Respondent No. 2 was known to the petitioners and she is an NRI residing in London. The agreement to sell with regard to single storey house constructed over the land measuring 30'x35' bearing No. 32, Mohallah Jatkatian, Jammu was executed between Petitioner No. 2 and Respondent No. 2 on 28.09.2019 and as per agreement to sell (supra), the possession of the house was handed over to the petitioner No. 2. It is further stated that Petitioner No. 1 was appointed as a Special Power of Attorney by Respondent No. 2 to contest the civil suit that was ultimately dismissed on 30.12.2020. Respondent No. 2 on the same date i.e. 28.09.2019 when the agreement to sell was executed between Petitioner No. 2 and Respondent No. 2, also executed a rent deed in favour of Petitioner No. 2 with regard to the same property. Yet another agreem

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