MUNAKKA DEVI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned counsel for opposite party no. 2 and learned AGA for the State.

(2.) This application under Sec. 482 Cr.P.C. has been filed by applicants for quashing the summoning order dtd. 5/5/2018 passed by Judicial Magistrate-II, Court No. 13, Basti as well as entire criminal proceeding of Complaint Case No. 733 of 2018 (Prema Devi Versus Bitala @ Patiraji and others), under Sec. 419, 420 I.P.C., Police Station Sonha, District Basti, pending in the court of Judicial Magistrate-II, Court No. 13, Basti.

(3.) It is submitted by learned counsel for the applicants that the applicants are the purchasers of the property in dispute by sale deed dtd. 27/4/2010. Learned counsel for the applicants submits that the sale deed was executed by one Vitala Devi in favour of the applicants. Learned counsel for the applicants submits that subsequently the dispute arose between the complainant Prema Devi and the seller Smt. Vitala Devi with regard to title of the property. Smt. Prema Devi-complainant was claiming title to the property in question through will, whereas, Smt. Vitala Devi was claiming the property in question on the basis of succession mutation in the revenue records. Learned counsel for the applicants submits that in respect of the aforesaid dispute a civil suit was also filed by the complaint being civil suit No. 457 of 2010 before the Civil Judge (Junior Division) Basti and the same is pending consideration before the court concerned. It is submitted by learned counsel for the applicants that after five years of institution of suit in the year 2015 a criminal complaint has been filed by the complainant Prema Devi without disclosing the pendency of the above mentioned civil suit. It is submitted by learned counsel for the applicants that even otherwise the applicants are the purchasers of the property in question and as such no offence under Sec. 420 and 419 I.P.C. is made out against the applicants.