- (1.) Accused/petitioner has preferred this writ petition seeking quashing of investigation vis-a-vis FIR No.550/2016, registered at Police Station Malviya Nagar, Jaipur.
(2.) It is contended by counsel for the petitioner that the complainant/respondent agreed to purchase land from the petitioner and petitioner's family members. Token amount was paid at the time of execution of the agreement in November, 2011. Thereafter, respondent/complainant was not able to pay the amount and the agreement was cancelled on 02.09.2012 and the entire amount paid at the time of execution of the agreement was refunded to the complainant/respondent. It is contended that complainant/respondent entered into an agreement with Innovative Build Estate and agreed to give commission to the respondent @ Rs.1 lac bigha if the sale deed was executed. It is contended that Innovative Build Estate also was not able to purchase the property and complainant/respondent filed a civil suit against the petitioner as well as Innovative Build Estate on 21.03.2014. No relief was claimed from the petitioner. The suit was valued @ Rs.1 lac and the present FIR was lodged on 08.12.2016, levelling allegations that no amount was refunded to the complainant when the agreement was cancelled on 02.09.2012.
(3.) It is also contended that lodging of present FIR would tantamount to abuse of process of the Court as the agreement was cancelled way back on 02.09.2012. Complainant/respondent had filed a civil suit impleading petitioner as a party, wherein it was not mentioned that the amount has not been refunded and that the agreement has been cancelled without refunding the amount. It is argued that after dismissal of the temporary injunction, complainant/respondent after an inordinate delay has filed the present FIR.;