- (1.) The petitioner has prayed for quashing of the F.I.R. No. 94/2013, registered at Police Station Kanota, Jaipur Rural for offences under Sections 420, 406, 447, 143 and 506 IPC. The brief facts of the case are that on 6.3.2013, Mr. Vijay Kumar Vijayvargiya lodged a report at Police Station Kanota on behalf of M/s. Amit Colonizers Ltd., a developer's company. In the report, he claimed that his company wanted to establish a residential colony by the name of "Ashiana Colony" in a land which belonged to the following Khatedars: Bhairu Prasad (deceased) (having a total land of 22.33 Hectares) and after his death his sons, Late Shri Hari Om Prakash having his land in Khasra NOS. 35, 258 and 274 totaling 4.55 Hectares, Som Prakash having land in Khasra No. 24, 25, 31 and 33 totaling 5.05 Hectares, Rama Prakash having his land in Khasra Nos. 36, 271, 272 and 273 having a total area of 5.39 Hectares, Tribhuvan Prakash having his land in Khasra No. 37 totaling 2.12 Hectares, and Atal Prakash having his land in Khasra Nos. 26, 28, 29 and 32 having total area of 5.22 Hectares. Thus, all these five persons have a total land of 22.33, hectares. He further claimed that on 10.2.2001, Mr. Rama Prakash (the petitioner before this court) contacted his company through a property dealer, the petitioner with the consent of his other four brothers, proposed to sell the above mentioned land to the company. He further alleged that the petitioner not only wanted to sell his own land, but on the basis of a will of his brother, Hari Om Prakash, he also wanted to sell the land which was registered in the name of his late brother, Hari Om Prakash. Thus, with the consent of his other brothers and on the basis of the will of Hari Om Prakash, he wanted to sell a total land admeasuring 22.33 Hectares to the company. It was agreed that the land would be sold @ Rs. 2,11,000/- per bigha. Therefore, on 10.2.2001, the Director of the company, Vijay Kumar Vijayvargiya gave a cheque for Rs. 5 Lacs to the petitioner. The company was given a receipt by the petitioner. He further claimed that possession of the land was equally given to them on the said date.
(2.) He further claimed that his company started the construction; it constructed a boundary wall and took the electricity and water connections for the colony. He further alleged that part of the land which was left as the facility area for the colony, fell in the land which allegedly belonged to Late Hari Om Prakash and which was sold to them on the basis of the will. He further claimed that the petitioner and his brothers had prayed that a temple, dedicated to the memory of late Hari Om Prakash, should be constructed and a trust should be created which would be headed by the Director of the company. Keeping their wishes in mind, the complainant company agreed to the same. He further claimed that according to the petitioner and his brothers, Hari Om Prakash Bhargava had expired on 8.7.2000 and had left a will. A copy of the will was also given to them. According to the will, Khasra Nos. 255, 258 and 274 having a total 4.55 Hectares belonged to Hari Om Prakash. On the basis of this will, the land falling in the above mentioned Khasra were equally sold to the company. However, when the company requested the petitioner to get the sale deed registered with regard to the said land, the petitioner and his brothers desisted. Therefore, the company sent notices to the petitioner and to his brothers. The petitioner informed the company that the land which earlier belonged to Hari Om Prakash has yet to be mutated in his name. He further informed them that due to cases filed by their sisters, the matter is sub-judice before a court. Although the brothers have gotten the sale deed in respect to their respective lands registered, the sale deed with respect to the land belonging to Hari Om Prakash is yet to be registered. He further alleged that despite the best efforts of the company to get the sale deed with regard to Hari Om Prakash's land registered, the petitioner and his brothers have not done so. Lastly, he alleged that on 2.3.2013, around 12.30 am few miscreants had entered the land and had uprooted the board of the company, and placed the name of a fictitious residential colony, namely "Rameshwaram Vihar". This fact was immediately brought to the notice of the police. Moreover, he claimed that the petitioner and others have started threatening the persons who have bought plots from the company; On the basis of this report, a formal F.I.R., namely F.I.R. No. 94/2013 for offences under Sections 420, 406, 447, 143 and 506 IPC was chalked out. Hence, this petition before this court.
(3.) Mr. Sudesh Barisal, the learned counsel for the petitioner, has vehemently raised the following contentions before this court: firstly, there was no privity of contract between the petitioner and the company with regard to the land which belonged to Hari Om Prakash. Hari Om Prakash had died in the year 2000, and the agreement was entered in the year 2001. Yet neither the agreement, nor the receipt given on 10.2.2001 makes a mention of the fact that the land that originally belonged to Hari Om Prakash is being sold. Therefore, the allegation made by the complainant that on the basis of a will the petitioner and his brothers had agreed to sell the land of Hari Om Prakash Bhargava is patently false.;