Ravindra Singh vs State Of Rajasthan And Ors

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 242/2018 registered at Police Station Harmara, Jaipur

(West) for the offences under Sections 420 and 120B IPC.

The complainant/respondent no.2 Urmila Khandelwal on 3.1.2018 presented a complaint in the court of Metropolitan Magistrate, No.25, Chomu,

Jaipur Metropolitan. Learned counsel for the complainant has shown the record which also contain copy of the complaint dated 3.1.2018. The said

complaint when translated into English reads as under:-

“Urmila Khandelwal wife of Girraj Caste Mahajan, resident of B-65 Saket Colony, Adarsh Nagar, Jaipur complainant/applicant Versus

(1) Ravindra Singh son of Surendra Singh Caste Rajput resident of 4109 Nindar House, Topkhana Ka Rasta, Ward No. 39, Chandpole, Jaipur.

(2) Mohan Singh son of Laxman Singh Shekhawat resident of 17 Rajputo Ka Mohalla, Rampura, Sewapura, Tehsil Amer, District Jaipur.

(3) Mukesh son of Ramdev Singh resident of Dhani Lochhiya Wali Chhota Gudha Sargoth, Tehsil Chomu, District Jaipur accused persons.

Criminal complaint under Section 190 read with Section 156(3) Cr.P.C. for offences under Sections 420 and 120B IPC within the jurisdiction of Police

Station Harmada.

Sir,

The present applicant/complainant presents the present complaint with the following facts:-

(1) That the complainant is a poor woman. She is residing at the above noted address.

(2) That the complainant on 11.6.2012 (emphasis supplied) for purchase of 8.56 hectare of land executed an agreement to sell in respect of agriculture

land bearing Khasra Nos. 918, 919, 940, 943, 944, 945/1 and 945/2. The said land was purchased @ Rs. 50 Lakhs per bigha. Ravindra was having 1/5

share in the land. He executed an agreement to sell dated 11.6.2012 and received Rs. 1 Lakh in cash and Rs. 5 Lakhs through cheque No. 039292

drawn at PNB Branch, Adarsh Nagar. Remaining sale consideration was to be paid within one year. The accused No.1 Ravindra Singh on 28.1.2013

sold the above said land to accused Nos. 2 and 3 through registered sale deed, even though he had executed an agreement to sell in favour of the

complainant. (Emphasis supplied) Having received the earnest money, accused was on one pretext or the another was making excuses. The applicant

having learnt that the land has been sold again, presented a written report on 20.7.2015 at Police Station Harmada. The police having received the

complaint took no action and gave assurance to the complainant. When the complainant having approached the police again and again became tired,

she was informed by police official that no case has been registered and the matter has been filed. The complainant/applicant thereupon wanted to

register the FIR but police refused to accept any complaint. The above said persons having received Rs.11 Lakhs as earnest money sold the land to

accused Nos. 2 and 3 without executing sale-deed in favour of the complainant in terms of the agreement to sell. Hence, the applicant has been

cheated. The accused have committed offences under Sections 420 and 120B IPC.

(3) That the accused in conspiracy with each other with intention to cheat the complainant having received Rs. 11 Lakhs have sold the land to another

person, therefore, they have made unlawful gain and has caused wrongful loss to the complainant by committing cheating of Rs. 11 Lakhs.

(4) That the complainant on 3.1.2018 had taken complaint to the police station Harmada but the official of the said police station refused to accept the

complaint. The complaint was also sent to police station by registered post on 4.1.2018 to SHO, Police Station Harmada and Dy. Commissioner of

Police, West, Jaipur Metropolitan. Since no case was registered, therefore, the complainant is compelled to file the present complaint.

(5) That because of place of occurrence, the territorial jurisdiction to try the complaint is with this court.

(6) That the requisite court fee has been annexed. Therefore, the complaint is being presented and

order be passed under Section 156(3) Cr.P.C. and matter be sent to police station Harmada to register the case and after the investigation, justice be

dispensed with to the complainant.

Applicant

Sd/-

Urmila Khandelwal wife of Girraj Caste Mahajan, resident

of B-65 Saket Colony, Adarsh Nagar, Jaipur.â€​

A perusal of the above complaint reveals that the agreement to sell was executed on 11.6.2012. As per allegations in the

complaint, the complainant had paid Rs. 11 Lakhs to the accused petitioner, out of which Rs. 5 Lakhs were paid by way of cheque and Rs. 6 Lakhs in

cash.

The learned counsel for the petitioner has submitted that the complainant was not having requisite amount of sale consideration and hence, the

petitioner who was in need of money has sold the land to the accused no. 2 and 3 named in the FIR. The learned counsel for the petitioner has

submitted that total sale consideration was Rs. 42,40,000/- and the complainant only by paying Rs. 11 Lakhs allegedly wanted to block the sale of the

land of the petitioner.

The learned counsel for the complainant/respondent no.2 has alleged that she had reported the matter to the police on 20.7.2015 but no FIR was

registered. The learned counsel for the complainant/respondent no.2 has further submitted that the complainant had issued an advertisement in the

newspaper that agreement to sell has been executed in respect of the said land. Counsel for the complainant/respondent no.2 further contended that

the period of execution of the sale deed was one year but the land was sold within seven months after execution of agreement to sell.

The learned Public Prosecutor has submitted that in the present case, case was registered on receipt of orders from the court of Magistrate under

Section 156(3) Cr.P.C. I have heard the learned counsel for the parties. Admittedly, the learned counsel for the complainant/respondent no.2 could not

produce any document from which it could be inferred that the complainant had submitted any complaint to the police on 20.7.2015. Admittedly, no

FIR has been registered in pursuance of the complaint dated 20.7.2015. No writing, document, postal receipt has been placed on record. The

complainant had right to file a suit for specific performance in pursuance of the agreement to sale executed between the parties. Agreement to sale

was executed on 11.6.2012. The period of limitation for filing suit for specific performance is three years. For three years, the complainant had not

filed any suit for specific performance, therefore, it is to be inferred that the complainant was not possessed of sufficient means or funds to compel the

accused to execute sale-deed in pursuance of the agreement to sell. The present complaint was filed in the month of January, 2018, after six years of

the execution of sale deed. The complainant having failed to approach the civil court, cannot usurp the jurisdiction of the civil court by approaching the

police.

The dispute essentially is civil in nature, therefore, the present FIR is nothing but misuse and abuse of process of law, hence, the present petition is

allowed and the impugned FIR is quashed alongwith all subsequent proceedings.

However, the complainant if so advised may avail alternative lawful remedy, if any, available to her in accordance with the provisions of law.