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Showing contexts for: RAJSAMAND in Ashok Kumar Lodha And Anr vs State Of Rajasthan And Ors. ... on 18 November, 2024Matching Fragments
Order 18/11/2024
1. The instant criminal misc. petition has been filed by the petitioners seeking quashing of FIR No.33/2017 dated 06.02.2017 registered at Police Station Kankroli, District Rajsamand for the offences under Sections 420 and 120-B of IPC.
2. Brief facts of the case are that the FIR impugned got lodged at the instance of respondent No.3 alleging inter alia that [2024:RJ-JD:49380] (2 of 5) [CRLMP-122/2018] he and the petitioners entered into an agreement to sale of a plot owned by the petitioner No.2 and an upfront amount of Rs.2,00,000/- was given to the petitioners on the day of execution of agreement to sale dated 01.09.2015. It is alleged that afterwards some more amounts were also given in cash, through cheque and via bank transactions including RTGS. It is further alleged in the FIR that the entire sale consideration had been paid to the petitioners and only the sale-deed remained to be executed. The respondent No.3 has alleged that on 08.01.2017, when he went to inspect the plot in question, it came to his information that the said plot was not in the ownership of the petitioners; rather, the proprietary rights of the same had been given by the Municipal Corporation, Rajsamand to someone else, thus, it is alleged that he has been duped by the petitioners.
8. It is the case of the petitioners that one Kushal Kumawat purchased a piece of land in auction from Gram Panchayat and accordingly he was granted a patta by the former Gram Panchayat of Dhoenda in the year 1974. Subsequently, on 16.04.2013, he sold out half portion of that plot measuring 5000 sq.ft. to the petitioner No.2 through negotiations done by petitioner No.1 being her husband for a sale consideration of Rs.3,00,000/-; whereas remaining half portion of the said plot was also sold out to another person viz. Smt. Nandu. The registered sale-deeds were executed in respect of the said transfer of property on 16.04.2013 and accordingly possession of the plots were taken by the respective parties. The said land is now falling within the limits of Municipal Corporation, Rajsamand.
[2024:RJ-JD:49380] (4 of 5) [CRLMP-122/2018]
10. The registered sale-deed got executed on 22.09.2015 and possession of the plot was also handed over to the respondent No.3. It seems that there is a bonafide dispute between the parties and both have their respective claims. A Civil Suit No.17/2021 is also pending in the court of District Judge, Rajsamand filed by complainant - Sunil Kumar, who is the complainant/respondent No.3 herein, and the defendants of the said civil suit are the petitioners herein.
11. A perusal of the pleadings made by the respondent No.3 in the above civil suit making it abundantly clear that the respondent No.3 entered into an agreement with the petitioners with regard to the plot in question. The respondent No.3 also admitted in Para No.4 of his plaint regarding execution of a sale-deed. It seems that the possession of the vacant plot has also been handed over to him. In the said civil suit, the complainant/respondent No.3 has sought relief for declaring him the owner of the said plot and the matter is pending adjudication before the District Judge, Rajsamand.