KUNTI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave Granted. The present appeal arising out of special leave petition is directed against the judgement and order dtd. 18/10/2019 passed by the High Court of Judicature at Allahabad (hereinafter referred to as "the High Court") in Application u/s 482, Code of Criminal Procedure, 1908, (hereafter "CrPC) No. 32337 of 2013, filed by the Appellants praying for quashing the order dtd. 22/11/2012 passed by the Chief Judicial Magistrate, Bulandshahr, in Case No. 6695 of 2012 arising out of Case Crime No. 421 of 2012 under Ss. 406, 420, 467, 468, 417 and 418 of the Indian Penal Code, 1860. By the said judgement, the Hon 'ble High Court dismissed the Application filed by the Appellant(s) and held that no grounds to interfere are found.

(2.) Brief facts necessary for the judgement in this appeal are as under:

(3.) The Appellant(s) in this case are Bhumidars of the agricultural land being Khasra No. 561/1 measuring 0.0550 and 0.1140 hectares in village Akbarpur, Bulandshahr, Uttar Pradesh (hereinafter referred to as the "property in dispute"). Allegedly, an agreement to sell in respect of the property in dispute, dtd. 11/7/2008 was executed by the Appellants in favour of the Respondent No 2. (Mr Ajay Kumar Bansal) for a consideration of Rs.10,80,000.00­. As it appears from the agreement, from the total amount, Rs.6,30,000.00­ was transferred in favour of the Appellant by Respondent No. 2 as advance. The remaining amount of Rs.4,50,000.00­ was agreed to be paid at the time of the execution of the sale deed. This agreement to sell was registered in the office of Deputy Registrar, First, Office at Bulandshahr, in Bahi No. 1, Zild No. 3910, Page 1­ 20, Item No. 4083.