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2004 DIGILAW 228 (RAJ)

Chandra Kalla v. State of Rajasthan

2004-02-17

N.N.MATHUR

body2004
JUDGMENT 1. - By way of instant revision petition under Section 482 Criminal Procedure Code, the petitioner seeks to quash FIR No. 95/2003 Police Station Nohar, District Hanumangarh for offence under Section 420 Indian Penal Code. 2. I have perused the FIR. It is alleged that the petitioner herein agreed for sale of her house situated in Nohar to private respondent Suresh Chandra for a sum of Rs. 8,50,000/-. A sum of Rs. 8,00,000/- was paid and the agreement was executed. It is further alleged that after two or three days he came to know that she has already sold portion of house to one Bishna Ram and has taken Rs. 1,00,00/- from him. It is further alleged that Champa Lal and Vinod Kumar later on prevailed upon Bishna Ram and got the agreement cancelled on 15.7.2002. The grievance of the complainant is that the petitioner is not getting the document registered. 3. I have perused the FIR and the relevant record. It is plain and simple case of breach of agreement which is required to be enforced by a suit for specific performance. It does not satisfy the ingredients of offence under Section 420 Criminal Procedure Code. 4. In identical circumstances, the Supreme Court in Nageshwar Prasad Singh @ Sinha v. Narayan Singh & Anr., 1998 Cr.L.R. (SC) 670 considering the dispute of civil nature, has quashed the proceedings. 5. Consequently, the petition is allowed. The proceedings in FIR No. 95/2003 Police Station Nohar stand quashed.Petition allowed. *******