SAROJ YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Alok Kumar Yadav for the applicants; the learned AGA for the State; Sri Manik Chandra Yadav for the opposite party no.2 and perused the record.

(2.) The instant application under Section 482 CrPC has been filed seeking quashing of the proceeding of case no.1376 of 2013 (Uma Shankar Bhattacharya Vs. Dinesh Singh Yadav and others), under Sections 419 and 420 IPC, police station Daraganj, district Allahabad, pending in the Court of Special Chief Judicial Magistrate, Allahabad.

(3.) Briefly stated the facts giving rise to this application are that the opposite party no.2 filed a complaint against the applicants alleging therein that Saroj Yadav (applicant no.1) had entered into a registered agreement for sale dated 9th March, 2007 with the complainant thereby agreeing to execute sale deed in respect of her share in House no. 82/62, Matiyara Road for which the applicant no.1 took Rs.1 lac by way of earnest money and, thereafter, further sum of Rs.50,000/- was taken by her husband Dinesh Singh Yadav (applicant no.2) and his brother Ravi Karan Yadav (applicant no.3), but despite having taken Rs.1,50,000/- they did not execute sale deed in favour of the complainant and, later, on 7th May, 2011, a sale deed was executed in favour of one Suman Bajpayee for a sum of Rs.6,50,000/-. Similar allegations have been made in the statements recorded under sections 200 and 202 CrPC.