UMA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioners seek quashing of the charge sheet dated 19.03.2017, in Case Crime No. 363 of 2016, Police Station Patel Nagar, District Dehradun; cognizance and summoning order dated 10.04.2017, passed in Criminal Case No. 1427 of 2017, State Vs. Smt. Uma Singh and another, pending in the court of Additional Chief Judicial Magistrate 2nd, Dehradun (for short "the case") as well as to quash the entire proceedings of the case.

(2.) Heard learned counsel for the parties through Video Conferencing and perused the record.

(3.) Facts necessary to resolve this dispute, briefly stated, are as hereunder:- Respondent no.2 filed an FIR on 17.10.2016, under Sections 420, 506 IPC against the petitioners. According to it, petitioner no.1 was allotted one MIG flat under ISBT house planning near Saharanpur-DelhiHaridwar bye pass road Dehradun (for short "the flat"). Petitioner no.1 agreed to sell the flat to the informant and an agreement to sale (for short "the agreement) was executed on 22.03.2016. The total consideration agreed was Rs.34,29,512/-, out of which, Rs. 5 lakh was paid by the informant on the same day. It was agreed between the parties that Rs.17,89,512/- shall be deposited by the informant with MDDA, Dehradun till 31.03.2016. The informant deposited Rs.10 lakh, but subsequently, he came to know that the petitioner no.1 could not have executed the sale deed because she was neither owner nor in possession of the flat. She could not have sold the flat for five years after taking possession because it was allotted to her under horizontal reservation scheme to women reservation. There are other details as well in the FIR. It is this FIR, in which, after investigation, charge sheet was submitted and cognizance taken. That is how the proceedings of the case were instituted. It is the same charge sheet, cognizance order and proceedings of the case which are impugned herein.