In a criminal writ petition seeking quashing of an FIR, the court held that since the execution of the sale deed was not disputed and fraud was not established, no case for quashing was made out.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2831 of 2019 Petitioner :- Mahavir Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents no. 1, 2 and 3; Sri Anand Patti Tiwari, learned counsel for the respondent no. 4 and perused the record.
The instant petition seeks quashing of the First Information Report dated 12.9.2018 registered as Case Crime No. 811 of 2018, under Sections 406, 420, 467, 468, 471, 120-B, 506 I.P.C., P.S. Jewar, District Gautam Budh Nagar.
The allegations in the First Information Report is to the effect that the accused Rajiv Malik and Anurag introduced the informant to the petitioner (Mahavir) and disclosed that he has a plot of land for sale.
It is stated that sale deed was executed by the petitioner (Mahavir) in favour of the informant on 4.7.2012 but, later, it was discovered that the patta of the plot sold had already been cancelled. The allegations in the First Information Report are to the effect that by playing fraud upon the informant he has been duped of a large sum of money ( Rs. 25,80,000/-).
Learned counsel for the petitioner has sought quashing of the First Information Report not by denying execution of the sale deed or the earlier cancellation of the patta but by claiming that the sale consideration had not passed to the petitioner and that the petitioner has instituted a suit for cancellation of the sale deed.
Be that as it may, since it is not disputed that a sale deed has been executed and in the sale deed it has not been disclosed that there had been cancellation of the patta of the subject matter of sale, no case for quashing the First Information Report is made out.
The petition is dismissed . Order Date :- 5.2.2019/Md Faisal
2 issues framed by the court
Whether the First Information Report should be quashed considering the disputed consideration and pending civil suit.
Whether enough material is made out to dismiss the petition for quashing the FIR.
1 provisions across 1 enactments
Mahavir
State Of U.P.
3 Others
Manoj Misra
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
