- (1.) This criminal misc. petition under section 482 Cr. P.C. has been filed by the accused petitioners with the prayer that FIR No. 372/2000 dated 4-11-2000 of Police Station, Makrana District Nagaur for the offence under sections 406 and 420 IPC be quashed.
(2.) It arises in the following circumstances:- One Zamil Ahmed (hereinafter referred to as the complainant) lodged a report on 4-11-2000 at Police Station Makrana District Nagaur stating inter alia that on 13-9-1998 accused petitioners sold land mentioned in the report for consideration of Rupees 7,25,000/- to the complainant and the complainant paid that amount to the accused petitioners and for that an agreement was also executed between the parties and it was agreed by the accused petitioners that possession and registry would be done at the proper time. However, the registry has not been done in his favour by the accused petitioners and thus, accused petitioners by deceitful means took away Rs. 7,25,000/- from the complainant and thus, cheated him.On this report, police registered the case being FIR No. 372/2000 and started investigation.
(3.) Hence, the present petition under section 482 Cr. P.C. has been filed by the accused petitioners for quashing the said FIR contending inter alia :- 1. That the dispute between the parties is purely of civil nature and no case of criminal liability arises from the facts of the present case. 2.That neither there is criminal breach of trust nor case of cheating is made out against the accused petitioners as the possession of the disputed land is already with the complainant. 3.It is, therefore, prayed that FIR in question be quashed. ;