DINESH TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Daya Shanker Pandey, learned Counsel for the applicants, Sri Aishwarya Pratap Shahi, learned Counsel for the opposite party No.2 and Sri Akhilesh Kumar Mishra, learned A.G.A. for the State.

(2.) This application under Sec. 528 of the BNSS has been filed for quashing of the entire proceeding of Criminal Case No.9847 of 2025 arising out of Case Crime No.300 of 2024, under Ss. 406, 504 and 506 I.P.C., Police Station Tamkuhiraj, District Kushi Nagar as well as charge-sheet dtd. 21/12/2024 and summoning order dtd. 12/5/2025.

(3.) The brief facts of the case are that opposite party No. 2, Satyawan Pati @ Satyawan Pati Tiwari, lodged an FIR against the applicants in Case Crime No. 300 of 2024, under Ss. 406, 504, and 506 IPC, at Police Station Tamkuhiraj, District Kushi Nagar. The FIR states that, due to financial difficulties, the informant agreed to sell his land to Kanhaiya Tiwari and Dinesh, who paid Rs.1,80,000.00 as earnest money. The date fixed for execution and registration of the sale deed was 10/6/2021. The sale deed was prepared and when the informant was about to sign it, he asked the applicants to pay the remaining sale consideration. The applicants allegedly assured him that he should firstly sign the sale deed and the balance amount would be paid thereafter, as the bank server was not functioning at that time. In this regard, Applicant No.3, Indrawati Devi @ Indrawati Tiwari, allegedly handed over a written acknowledgment regarding the balance amount of Rs.14,20,000.00. Thereafter, the sale deed was registered. Despite the passage of a considerable period, the accused persons allegedly failed to pay the remaining amount to opposite party No. 2. Consequently, the informant did not hand over possession of the land to them. Thereafter, the accused persons allegedly asked him to come to Tehsil Tamkuhiraj to receive the balance payment. Trusting their assurance, he reached the Tehsil, where Applicant No. 3, Indrawati Devi, allegedly took back the document acknowledging the balance amount and subsequently refused to make the payment.