Vijay Bishnoi, J. - (1.) This criminal misc. petition under Sec. 482 CrPC has been filed by petitioner with a prayer for quashing the FIR No. 64/2015 lodged at Police Station, Basni, District Jodhpur for the offences punishable under Ss. 420, 467, 468, 471, 120 -B IPC.
(2.) Brief facts of the case are that complainant - respondent No. 2 filed a complaint before Metropolitan Magistrate No. 4, Jodhpur, Metropolitan, inter alia, stating therein that on 02.04.1981, an agreement to sell of agricultural land situated at Khasra No. 35 Kuri Bhagtasani, Jodhpur measuring 32 Bighas and 3 Biswas was executed between the father of the complainant and the Navbharat Grah Nirman Sahakari Samiti Ltd. (hereinafter referred to as 'the samiti') through the petitioner, who, at that time, was the President of the samiti. As per the said agreement, the samiti was agreed to give a piece of land measuring 450 square yards in Jodhpur to the father of the complainant free of cost. It is further stated that after the said agreement, the father of the complainant sold the whole land to the samiti through registered sale -deed dated 08.04.1983. It is also stated in the complaint that as per the agreement dated 02.04.1981, allotment letter for residential/commercial plot No. 187, measuring 381 square yards situated in Laxmi Vihar, Kuri Bhagtasni, Madhuban Housing Board, Basni, Jodhpur was issued in favour of the father of the complainant on 16.03.1983 and after the death of the complainant's father, the complainant is in possession of the said land. It is alleged that a civil suit being No. 76/1996 was filed by the petitioner on behalf of the Samiti before the Court of Additional Chief Metropolitan Magistrate, Jodhpur, which is still pending and despite having knowledge of that, the petitioner along with other accused -persons persons, with intent to grab the plot of the complainant, hatched a criminal conspiracy and issued a patta in favour of accused No. 4 for the same plot and later on got registered patta issued in favour of the accused No. 4 from the Jodhpur Development Authority without disclosing the fact that a civil suit is pending in relation to the said plot. It is alleged that all the accused -persons have got the patta issued in favour of respondent No. 4 for the plot No. 187 while not disclosing the correct facts and, therefore, they have committed the offences punishable under Ss. 420, 467, 468, 471 and 120 -B IPC.
(3.) The petitioner, in person, has assailed the impugned FIR while contending that the dispute between him and the respondent -complainant is purely of civil nature and a civil suit in respect of the same is also pending in the civil court, therefore, the impugned FIR is liable to be quashed. It is further argued that even if it is assumed that the allotment letter in relation to the disputed plot was issued in favour of the father of the complainant on 02.04.1981, then also, on the basis of said allotment letter, the father of the complainant had no right over the plot No. 187 as no patta was issued by the samiti in his favour. It is also contended that as the father of the complainant had not deposited the development and other charges as per the terms and conditions of the agreement, the patta could not be issued in his favour and, therefore, issuance of patta in favour of accused No. 4 by the samiti for the disputed plot was not illegal.;