- (1.) Heard learned counsel for the parties.
(2.) The instant misc. petition has been filed on behalf of the petitioners seeking quashing of the FIR No.65/2013 registered at Police Station Merta City, District Nagaur for the offences under Sections 420, 406 and 120B I.P.C.
(3.) Learned counsel for the petitioners submits that exfacie even if the FIR impugned is perused, it does not disclose any offence whatsoever. He submits that the simple case of the complainant in the FIR is that the accused executed an agreement to sell the revenue land to the complainant for a consideration of Rs.14 lakhs. He submits that as per the complainant, he paid a sum of Rs.5 lakhs to the accused and the balance amount was to be paid later on where after the accused were under the obligation to execute the registered sale deed in favour of the complainant. He submits that it is the conduct of the complainant in not making payment of the balance amount, that the transaction fell out. While referring to the decision rendered by the Hon'ble Apex Court in the case of Chandran Ratnaswami. vs. K.C. Palanisamy & Ors., 2013 AIR(SC) 1952 and the decision rendered by this Court in Navneet Vyas & Anr. vs. State of Rajasthan & Anr.,2004 1 CrLR 480, he contends that the FIR impugned deserves to be quashed by exercising the inherent powers of this Court. Per contra, learned Public Prosecutor and learned counsel for the respondent no.2/complainant vehemently oppose the submissions raised on behalf of the petitioners.;