SHASHI PRATAP SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition under Section 482, Cr. P. C. has been filed for quashing the proceedings of complaint case No. 2331 of 1992 and the order dated 18-1-1993 and 18-3-1993 passed by Addl. Munsif Magistrate, Mirzapur.

(2.) The applicant had executed a registered agreement to sell in favour of opposite party No. 2 regarding certain plots situated in village Matawaria Tappa Upraudh, Pargana Kantith, Tehsil Lalganj, District Mirzapur. The applicant and his brothers were owners and bhumidhars of said plots. There was a family settlement amongst the brothers of the applicant in which the applicant got 1/4 share in the plots in ques-tion and had a right to make transaction including the sale in respect of the plots in question. The applicant was ready to perform the part of his agreement by executing sale deed. Opposite party No. 2 himself resiled from contract and did not pay balance amount of Rs. 55000.00 due to which the sale deed could not be executed and he wrongly filed a complaint against the applicant with mala fide intention which is liable to be quashed.

(3.) A perusal of the complaint Annexure 2 shows that according to opposite party No. 2 the applicant executed an agreement to sell on 15-11-91 for sale of the plots in question for a consideration of Rs. 1,10,000.00 and agreement deed was executed after receiving Rs. 45,000.00 as earnest money. Thesale deed was to be executed on 30-6-1992. The applicant did not execute sale deed, therefore, the opposite party No. 2 sent a telegram to him on 29-6-92 asking him to refund his earnest money in case he was not willing to execute sale deed. He again sent another telegram dated 15-7-92 informing the applicant to be present at the office of Sub-Registrar, Mirzapur on 30-7-92, but the applicant did not appear, hence the complaint.