B.S.CHAUHAN, S.A.BOBDE
ASHFAQ AHMED QUERESHI – Appellant
Versus
NAMRATA CHOPRA – Respondent
Dr. B.S. CHAUHAN, J. — This appeal has been preferred against the impugned judgment and order dated 15.3.2012 passed by the High Court of Madhya Pradesh at Jabalpur in M.Cr.C. No. 8882/2011, by which the High Court has quashed the criminal proceedings against the respondent Nos. 1 and 2 in exercise of its power under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’).
2. Facts and circumstances giving rise to this appeal are that:
A. The appellants entered into an agreement for sale of land admeasuring 1.10 acres of land out of 2.20 acres of total land on 26.11.2009 which had been claimed by the said respondents 1 & 2 to be of their exclusive ownership and for that appellants paid a sum of rupees fifty lakhs to the said respondents as earnest money out of the consideration of Rs.1,50,93,540/-.
B. The sale deed could not be executed as the appellants did not make the payment for the reason that the said respondents did not complete the legal formalities for transferring the land. Later on, the appellants came to know that the said respondent Nos.1 & 2 alongwith other co-sharers had got permission dated 27.3.2006 from the Municipal Cor
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