[2026:RJ-JP:31574] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2523/2018 CNR: RJHC020174332018 | URN: CRLMP / 3963U / 2018 1. Nand Kishore Sharma S/o Late Shri Madan Gopal Sharma, aged 76 years R/o E-10, Tagore Path, Bani Park, Jaipur, At Present USA. (Abated vide order dated 11.08.2025) 2. Nawal Kishore Sharma S/o Late Shri Madan Gopal Sharma, aged 74 years R/o E-10, Tagore Path, Bani Park, Jaipur, At Present USA. ----Petitioners Versus 1. State Of Rajasthan Through PP 2. Vinod Goyal, Director M/s Bhagwati Hotels And Resorts Ltd. 214 Road No.10, Vishwakarma Industrial Area, Sikar Road, Jaipur at present R/o Plot No.51-A, Major Shaitan Singh Colony, Shastri Nagar, Jaipur, Raj. ----Respondents For Petitioner(s) : Mr. Giriraj Bhardhar with Mr. Kapil Bardhar, Ms. Anshulika Pareek, Mr. Yogesh Meena and Mr. Suresh Bairwa For Respondent(s) : Mr. Rajesh Choudhary, GA cum AAG with Mr. Vijay Singh Yadav, PP & Mr. Devi Singh, PP Mr. Rajesh Maharshi with Mr. Devanshu Saini and Ms. Vaishnavi Pareek HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 11/08/2026 1. Learned counsel for the parties submits that the matter be disposed of at this stage and FIR No.108/2017 registered at Police [2026:RJ-JP:31574] (2 of 3) [CRLMP-2523/2018] Station Vidyadhar Nagar, Jaipur North under Sections 420, 406 and 120B of IPC be quashed. 2. Mr. Rajesh Maharshi, Advocate appearing on behalf of non- petitioner Vinod Goyal submits that the complainant has paid ₹1,00,000,00/- (Rupees One Crore) to the petitioners and same has been deposited in the Registry under the order of this Hon'ble Court. He submits that the complainant is entitled to refund the amount with interest as the agreement between the parties have been frustrated and now none of the parties is willing to perform the terms of the contract. 3. Learned counsel for the petitioners Mr. Giriraj Bhardhar acknowledges the fact that the agreement between the parties have been frustrated and nothing is survive between the parties, therefore, the FIR registered in the matter may be quashed and the money may be returned to the complainant which has already been deposited in the Registry of this Hon'ble Court and same is invested by way of FDR. 4. During course of arguments, it has brought to the notice of the Court that petitioner No.1 Nand Kishore Sharma has expired during pendency of this petition, and proceeding has already abated qua petitioner No. 1 Nand Kishore Sharma. 5. Since the agreement dated 15.04.2016 has been frustrated and none of the parties is willing to perform the terms of the contract, therefore, the agreement has come to an end so the dispute. With this order the dispute between parties will be dissolved and henceforth there will be no dispute with regard to said agreement. [2026:RJ-JP:31574] (3 of 3) [CRLMP-2523/2018] 6. The parties have entered into a transaction to sell/purchase of property after part payment of sale consideration by non- petitioner No. 2/complainant to the petitioners Nand Kishore Sharma and Nawal Kishore Sharma, and there were differences, resulting into current FIR. Under the orders of this Court, the money advanced to the petitioners have already been deposited to this Court, therefore, it is appropriate to consider the submissions of learned counsel for the parties and quash the FIR and also return the money to non-petitioner No.2/complainant along with interest accrued till date. 7. In view of aforesaid, the criminal misc. petition under Section 482 CrPC is allowed and FIR No. 108/2017 dated 06.03.2017 registered at Police Station Vidyadhar Nagar, Jaipur (North) under Sections 420, 406 and 120B of IPC and any consequential proceedings arising out of said FIR are hereby quashed and set aside. 8. The Registry is directed to refund the deposited money to non-petitioner No.2/complainant-Vinod Goyal along with interest accrued on said FDR. The non-petitioner No.2/complainant is directed to intimate Registry about the bank account details along with IFSC Code. 9. Misc. petition and Miscellaneous application, if any, stands disposed. 10. Stay application is hereby dismissed. (ASHOK KUMAR JAIN),J 21/MR