SUNPAT Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Anurag Bajpai holding brief of Sri Praveen Kumar Singh, learned counsel for the applicants and Sri Moeez Uddin, learned counsel for the opposite party no.2.

(2.) Present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 12.12.2017 as well as the entire proceedings of Case No. 339 of 2018 (State Vs. Sunpat and others) arising out of Case Crime No. 610 of 2017, under Sections 406, 420 IPC, P.S. Dankaur, District Gautam Budh Nagar, pending in the court of Additional Chief Judicial Magistrate, Court No. 2, Gautam Budh Nagar.

(3.) As per the prosecution case in the F.I.R., an agreement to sell was executed on 21.3.2015 by the father of the applicants in favour of first informant/opposite party no.2 in respect of property bearing Khata no. 128, Gata no. 142 Kha, measuring 0.0890 hectare situated as Village Mutaina, Pargana Dankaur, Tehsil Sadar, District Gautam Budh Nagar for a sale consideration of Rs. 7,00,000/-, out of which, a sum of Rs. 4,00,000/- was paid as earnest money and rest of the amount was agreed to be paid at the time of execution of sale deed. In the agreement, it is mentioned that the sale deed could be executed on or before 20.4.2015. After the execution of the said agreement to sell, father of the applicants, Jasram, died on 23.3.2015. Subsequently, second agreement to sell was executed between the applicants and the first informant, whereby the time for executing the sale deed was extended by 20.5.2015.