ANITA GARG Vs. ALOK GARG

JUDGEMENT

(1.) HEARD finally with the consent of both the parties. 1. This is a petition filed under Section 482 of Cr.P.C., for quashment of the proceedings of Criminal Case No. 16153/2006, which is pending in the Court of Judicial Magistrate, First Class, Indore against present petitioner for the trial of the offences punishable under Sections 420 and 406 of IPC.

(2.) AS per the averments made in the complaint filed by the respondent before Judicial Magistrate, First Class, it appears that present petitioner and the respondent are wife and husband. House No. 11/2 of Sought Tukoganj was purchased by the husband/respondent in the name of his wife/present petitioner. It is alleged that initially the plot was allotted by Co -operative Society in the name of the present petitioner and, thereafter, house was constructed over that plot. It has also been stated in the complaint that the house was mortgaged with HDFC Bank by the petitioner as well as respondent for the purpose of obtaining loan of Rs. 9 lacs and the title deed of the house was handed over to the concerning Bank for the same purpose. It has also been alleged in the complaint that present petitioner without informing complainant/respondent and the Bank sold the house, while it was still under mortgage with the Bank and thereby committed an offence of cheating and forgery with the Bank as well as with the present respondent.

(3.) LEARNED Counsel further submitted that in view of this statement it is clear that after making full payment of the amount of loan, title deeds were obtained by the present petitioner from the Bank and, thereafter, the house was sold. He further submitted that agreement of sale of the house was already executed and amount of consideration was obtained from the purchaser by the present petitioner and the same amount was deposited by the petitioner with the Bank and, thereafter, title deeds were released by the Bank and then sale deed was executed. He also submitted that in view of all these facts neither any ingredients of the offences punishable under Section 420 of IPC nor of Section 406 of IPC are made out.