SOHANI DEVI AND ANOTHER Vs. STATE OF RAJASTHAN AND ANOTHER
LAWS(RAJ)-2013-2-298
HIGH COURT OF RAJASTHAN
Decided on February 01,2013

Sohani Devi And Another Appellant
VERSUS
State of Rajasthan and Another Respondents

JUDGEMENT

- (1.) The petitioners have prayed for quashing of F.I.R., namely F.I.R. No.153/2012, registered at Police Station, Deoli, District Tonk, for offences under Sections 420, 406 and 120-B I.P.C.
(2.) Mr. Vikas Kabra, the learned counsel for the petitioners, has vehemently contended that the entire case is with regard to buying and selling of a land, which admittedly, was owned by the petitioners. According to the complainant, he had bought the said land and had paid a large sum of money to the petitioners. However, the petitioners have neither paid the amount back to him, nor have gotten the sale-deed registered. Therefore, the entire case is of a civil nature, rather than a criminal one. Secondly, the F.I.R. is contradicted by other facts, which are readily available. According to the complainant, the petitioners had mortgaged and said land to a bank. Due to the non-payment of the loan amount, the sale-deed could not be registered. However, according to the learned counsel, the petitioners have already repaid the amount to the bank. Therefore, a false case has been fabricated by the complainant.
(3.) Thirdly, the complainant is not even in a position to pay a huge amount of Rs.27,00,000/- to the petitioners. Therefore, he is merely a front for the "land-mafia".;


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