PREM CHAND S/O. RAGHUVEER Vs. STATE OF UTTARAKHAND THROUGH ITS SECRETARY HOME AND SHRI CHANGA, S/O. LATE KARAM SINGH

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition moved under Section 482 of Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure), the Petitioner has sought quashing of the proceedings of criminal case No. 664 of 2008, State v. Seva Ram and Ors., relating to offence punishable under Section 420 I.P.C, P.S. Jwalapur, District Haridwar.

(3.) LEARNED Counsel for the Petitioner submitted that registered agreements of sale were executed in March 2006, by mother of the Respondent No. 2, and uncle of Respondent No. 2 to sell the land in question to the Petitioner. Copies of said registered agreements are annexed as Annex. 4 to the petition. It is further pointed out that a suit No. 103 of 2006, was filed by one Seva Ram, and present Petitioner for specific performance of contracts in the year 2006. In said suit it was admitted by Smt. Sukkhi (mother of Respondent No. 2) that the amount was received by her as consideration for sale of the land. Copies of said documents are annexed as Annex. 5 and 6 to the petition. Annex. 8 shows that amount of Rs. 5,50,000/ -were deposited on 06.03.2006, in the account of Smt. Sukkhi (natural guardian and mother of Respondent No. 2),and Rs.2,50,000/ -were deposited in the account of Phool Singh in the Syndicate Bank.