SUDHIR KUMAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD Sri K. S. Verma learned counsel for the applicants and Sri Anil Dabral learned counsel for the respondent No.4.

(2.) THE petitioner under Section 482 Cr.P.C. was filed for quashing the chargesheet in case crime No. 4491 1996 under Section 420, 406, 506, I.P.C. pending before the Chief Judicial Magistrate, Dehradun.

(3.) THE factual position in a nutshell is that the respondent No. 4 lodged an FIR against the applicants at police station Kotwali, Dehradun on 12.6.1996 and the same was registered as case crime No. 449/1996 under Section 420 and 406 I.P.C. It has been alleged that on 18.11.1991 the applicant no. 1 and Smt. Ram Murti W/o Jagdish Chandra made an agreement to purchasthe land situated at 20 Nasivlla. Road, Dehradun. The applicant No. 2 was the witness of this agreement dated 18.11.1991. It was agreed between the parties that the sale deed would be executed @ Rs. 3,50,000/ -. Out of which, an earnest money of Rs. 1 lakh was paid to the applicant no. 1 by the respondent No. 4 on behalf of his wife. On one pretext or the other the applicants refused to execute the sale deed in favour of Smt. Ram Murti W/o Jagdish Chandra -respondent No.4. Thereafter, the matter was investigated and the Magistrate framed the charges against the applicants -accused under Section 420, 406, 506 I.P.C. Feeling aggrieved by this, the present petition has been preferred.