SANKET SAHNI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Instant petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, "the Code") has been preferred for quashing the cognizance/summoning order dtd. 30/5/2018, passed in Criminal Case No. 405 of 2018, State vs. Soniya Sahni and another, under Sec. 420 IPC, pending in the court of 1st Additional Civil Judge (Sr. Div.)/Judicial Magistrate, Haridwar (for short, "the case") and entire proceedings of the case.

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

(3.) The case is based on an FIR lodged on 9/9/2017, by the respondent No. 2, Chokhelal (for short, "the informant"), under Sec. 420 IPC. According to it, he purchased the property from Smt. Soniya Sahani for a consideration of Rs.15,00,400.00. The amount, according to the FIR, was paid by the informant and his son jointly to the co-accused, Smt. Soniyal Sahani and the petitioner, who happens to be the husband of Smt. Soniya Sahani. At the time of sale, it was told it to the informant by Smt. Soniyal Sahani that the property is not under mortgage, it is free from any charge. Subsequently, it was revealed that the property was mortgaged with the Punjab and Sind Bank, Branch Haridwar and the co-accused, Smt. Soniya Sahani had taken a loan on it. When the informant questioned the petitioner and his wife Smt. Soniya Sahani, according to the FIR, they admitted their mistake. An agreement dtd. 8/10/2016 was thereafter, executed by the co-accused, Smt. Soniya Sahani, in which, Smt. Soniya Sahani took the responsibility to clear the entire dues. Based on this FIR, after investigation, charge-sheet has been submitted against the petitioner and Smt. Soniya Sahani, on which, cognizance has been taken on 30/5/2018. It is impugned herein.