JASSA SINGH SARDAR Vs. STATE OF U P

JUDGEMENT

(1.) V. N. Mehrotra, J. This petition has been filed by the applicants under Section 482 of the Code of Criminal Procedure with the prayer that the proceedings in Case No. 604 of 1988- State v. Harbansh Singh and others, Pending in the court of Munsif Magistrate, Bijnor and also the charge- sheet No. 168, dated 5-9-1988 submitted by the police in case Crime No. 58 of 1988 under Section 423,1. P. C. be quashed.

(2.) THE affidavits have been exchanged between the parties in support, of their assertions. Counsel for the parties have been heard by me,

(3.) THE contention by the applicants in this petition under Section 482, Cr. P. C. is that as the dispute between the parties was purely of a civil nature. It is asserted that the case has been instituted by opposite party No. 2 with a mala fide intention so that he could grab the huge amount which had already been paid by the applicants. It is also contended that the sale-deed was rightly and bonafidely got executed by the applicants from the Mukhtare-am of opposite party No. 2 as they were informed that the opposite party No. 2 appointed him for the purposes of the execution of the sale-deed in accordance with the agreement to sell.