DHARMPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Amit Kumar Srivastava, learned counsel for the applicants, Sri Prashant Rai, learned counsel appearing on behalf of opposite party no. 2 and learned A.G.A. for the State.

(2.) The present 482 Cr.P.C. application has been filed for quashing of the proceedings of case No. 4441/9 of 2007, arising out of case crime no. 318 of 2007, under Sections 420, 467, 468, 471, 120-B IPC, police station Civil Lines, District Meerut pending in the court of Additional Chief Judicial Magistrate, Court No. 1, Meerut.

(3.) The contention as raised in the affidavit filed in support of the application is to the effect that opposite party no. 2 has lodged an FIR against the applicants and as per the FIR, the land of opposite party no. 2 being khasra no. 540 and 540Ba is situated at village Amhera Adipur, Police Station Inchauli, District Meerut. Applicant no. 1 had executed an agreement to sell dated 12.02.2007 in respect of land bearing khasra no. 540A, 549Ba in favour of applicant no. 2 in a fraudulent manner. During the investigation, the statement of opposite party no. 2 was recorded under Section 161 Cr.P.C. and in his statement, he has reiterated his version as stated in the FIR.