S S TEWARI Vs. OM PRAKASH SRIVASTAVA

JUDGEMENT

(1.) THIS petition has been moved under Section 482 CrPC for quashing the criminal proceedings pending against the applicant and another under Section 448 IPC.

(2.) THE relevant facts are that the house No. 555CH/47 situate in mohalla Ram Nagar, Lucknow belonged initially to Smt. Gulab Kali. According to opposite party no. 1 the complainant's wife Smt. Maya Devi and one Smt. Ranno Devi wife of Sri S. K. Srivastava had entered into an agreement of sale with the said Smt. Gulab Kali, on 12- 11-74 and had paid an advance of Rs. 3200/- to her and she was to execute sale deed within one month on receiving the permission from the District Magistrate. It was, however, alleged by him that later she began to negotiate the sale in favour of one Om Prakash Singh one of the co-accused in this criminal case. So they filed a regular Suit No. 21 of 1975 on 27-1-75 at about 11.00 A. M. for specific performance of contract against Smt. Gulab Kali. But on the same day Om Prakash Singh one of the co-accused in the complaint case along with the applicant got a sale deed executed from Smt. Gulab Kali about the house in question. It was alleged that this sale deed was not bonafide as Sri Om Prakash had full knowledge of the prior agreement of Smt. Gulab Kali, Smt. Ranno Devi and Smt. Maya Devi and also because the transfer was made lis pendens during the pendency of the regular suit.

(3.) SMT. Maya Devi and SMT. Ranno Devi, decree-holder then also applied for possession in execution proceedings vide case no. 1 of 1978. The execution court allowed their application and ordered Amin to deliver possession to them.