PUSHPENDRA SINGH BHATI,J. - (1.) Petitioners have preferred this misc. petition under section 482 of Cr.P.c., 1973 in FIR No.119/2015 police Station Abu Road City, District Sirohi pertaining to offence under Sections 420, 406 IPC this is petition for quashing of FIR.
(2.) At the outset, learned counsel for the petitioner has submitted that petitioner Bhoma Ram has expired and the counsel is representing only petitioner No.2 Madhu who is daughter in law of Bhoma Ram. The complainant filed a complaint pertaining to an agreement to sale executed in respect of the agricultural land situated in Village Tartoli, Tehsil Aburoad measuring 22-04 Bigha @ 21,00,000/- per Bigha. Total cost of land was Rs. 4,66,20,000/- along with the compensation of Rs. 3,00,000/- for the crops and and an advance amount of Rs. 75,00,000/- was to be paid on or before 01.01.2015 whereas the remaining amount was to be paid on 15.04.2015. The complainant filed the present complaint that the petitioner No.2 Madhu purchased the said land and such sale happened after the execution of the contract between Bhoma Ram and the present complainant. The total allegation in the FIR is that after the agreement to sale between the petitioner No.1 and the complainant, the petitioner No.1 had not complied with the agreement and further sold the land to his daughter in law.
(3.) Learned counsel for the petitioner has argued that at the end of his life when Bhoma Ram at the age of 90 years found that agreement to sale was to be executed, Bhoma Ram transferred his land to Smt. Madhu who is daughter-in-law with the clear intention that if the complainant wishes to comply with the terms and conditions of the agreement to sale, the agreement could be executed through madhu.;