- (1.) Accused petitioners, by this misc. petition, have invoked inherent powers of this Court under Section 482 Cr.P.C. for quashing FIR No.238/2016, registered at Police Station, Pratap Nagar, District Bhilwara. In the impugned FIR, the respondent-complainant has alleged offence under Section 406, 420 and 120B IPC against the petitioners.
(2.) Succinctly stated, the facts of the case are that respondent No.2, complainant, filed a criminal complaint against the petitioners before Chief Judicial Magistrate, Bhilwara (for short, 'learned trial Court'), alleging offence under Section 406, 420 and 120-B IPC. In the complaint, it was alleged by the complainant that two incumbents; viz., Mukesh s/o Kanwar Lal and Sanjay s/o Jagdish Jagetiya, who are petitioners No.1 & 2, having close acquaintance with him, came to his house with other accused petitioners and gave an offer for purchasing 2/3rd share of their land measuring 6 bighas in Khasra No.5607/2 situated at the bank of patwar area, Tehsil and District Bhilwara, for a consideration amount of Rs. 40,60,000. It was also averred in the complaint that while acceding to the proposal of petitioners No.3 to 7, he agreed to purchase 2/3rd share of the said agriculture land and sale-deeds were registered on 13th of December 2011 and 10th of February 2012 respectively. Specific allegation is made in the complaint that the vendors, i.e. petitioners No.3 to 7, assured him that as and when he will develop a colony on the land in question, they will accompany him for measurement of the land. Similarly, for the adjacent land of Khasra No.5807/1 admeasuring 2 bighas 4 biswas, petitioners No. 8 & 9 sold land of their 5/7 share and for Khasra No.5952/5607 land admeasuring 5 bighas 19 biswas, 5/7 share for consideration amount of Rs.42 lacs. The sale-deed of the aforesaid land was also registered by petitioners No.8 & 9 in his favour on 13.12.2011. The complaint further reveals that when the complainant called surveyor for preparing lay out plan and land was measured, the land available at the site was 4 bighas 9 biswas instead of 7 bighas 13 biswas.
(3.) With these positive assertions, it is stated in the complaint that when the complainant brought this fact to the notice of petitioners, he was assured by the petitioners that they will repay the consideration amount of the land measuring 3 bighas and 4 biswas which is not available at the site but despite assurance, as per complainant, the amount was not paid by the petitioners for 3 bighas and 4 biswas land and as such they have cheated him and the committed the aforesaid offences.;