RAJNI JUYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard.

(2.) By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), the Petitioners have sought quashing of the proceedings of Criminal Case No. 5210 of 2010; State v. Shambhu Prasad Juyal and Anr., relating to offences punishable under Section 420, 506 of I.P.C., and one punishable under Section 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending in the court of Addl. Chief Judicial Magistrate First, Dehradun.

(3.) Factual disputes have been raised by the Petitioners, and it is pleaded that the Petitioners had earlier filed a criminal complaint against the present complainant (Respondent No. 2). However, it is admitted that an agreement was signed by Petitioner No. 2 in favour of the complainant (Respondent No. 2) to execute sale deed in respect of land in question owned by him and part of consideration was paid by the complainant to the Petitioners. The complainant has pleaded that he was cheated of more than rupees ten lakh, as the Petitioner and his wife did not honour the agreement. After investigation, charge sheet appears to have been filed by the police.