RAVINDRA Vs. STATE OF UP

JUDGEMENT

(1.) Heard learned Counsel for the Applicant and for Respondent No. 2 and the learned A.G.A. for Respondent No. 1 and perused the record.

(2.) This is a petition under Section 482 of the Code of Criminal Procedure (in short "the Code") for quashing the proceeding of Case No. 3582 of 2008 (State v. Satish and Ors.) arising out of Crime No. 1253 of 2007, under Sections 420, 467, 468, 471 and 120B, I.P.C., P.S. Sihani Gate, District Ghaziabad pending in the court of the Chief Judicial Magistrate, Ghaziabad.

(3.) The learned Counsel for the Applicant submitted that one Rohtas was the owner of the land, detailed in the F.I.R. He had executed an agreement for sale in favour of the wife of Respondent No. 2 and the wife of one Satish in regard to that land and received a sum of Rs. 2.5 Lacs as an earnest money. During the continuance of the agreement for sale, the aforesaid Rohtas executed a sale deed in favour of the Applicant Ravindra, who happens to be the brother-in-law of Satish. The main grievance of the Respondent No. 2, as alleged in the F.I.R., is that the Applicant got executed the sale deed knowing well that the agreement for sale had already been executed.