Prashant Kumar Agarwal, J. - (1.) Heard learned counsel for the parties.
(2.) The accused-petitioners have filed this criminal misc. petition under Section 482 Cr.P.C. with a prayer to quash and set aside FIR No.94/2014 registered at Police Station Mantown, District Sawai Madhopur for the offences under Sections 420, 467, 468 & 120-B IPC mainly on the ground that the dispute between the parties at the most is of civil nature to which colour of criminality has been given. It is to be noted that as per factual report dated 7.7.2015 after investigation offences under Sections 420 & 406 IPC have been found to be made out against the accused-petitioner-Shri Mukul Tiwari only and, therefore, now it is to be seen whether aforesaid offences are in fact made out against the petitioner or not.
(3.) Brief relevant facts for the disposal of this petition are that aforesaid FIR came to be registered on 10.3.2014 at the instance of the complainant-respondent with the allegation that the petitioner-Shri Mukul Tiwari entered into agreement to sell with the respondent with regard to disputed land in lieu of a total amount of sale consideration of Rs. 17 lacs and Rs. 1 lac was received by him as advance from respondent on 11.3.2005 and in this regard an agreement to sell was also executed between the parties and as per the terms and conditions of the agreement remaining amount of sale consideration was to be paid at the time of execution and registration of the sale deed. It was further alleged in the FIR that when the respondent visited the site, it was found by him that it is in the possession of several other persons since a long time. It was further averred in the FIR that the petitioner entered into agreement to sell with the respondent without disclosing the fact that the land in dispute is in possession of other persons. It was also stated that subsequently petitioner sold the land in dispute by way of a registered sale deed to one Smt. Hema Devi W/o Pukhraj Meena on 28.10.2013 in lieu of sale consideration of Rs. 60 lacs.;