Smt Rekha Devi v. State of U.P. and Another
Case brief
What is this about?
This court rejected an application seeking quashment of criminal proceedings filed for cheating, criminal intimidation and criminal defamation arising from a property dispute involving a registered agreement to sell, alleged circumstances surrounding the death of the seller, and subsequent civil litigation.
What did the court decide?
Application under Section 482 Cr.P.C. rejected; proceedings against the applicant not quashed.
What the court decided
Court No. - 72
Case :- APPLICATION U/S 482 No. - 41100 of 2022
Applicant :- Smt Rekha Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anil Kumar Sharma Counsel for Opposite Party :- G.A.,Satyendra Kumar Singh
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant, learned counsel for opposite party no.2 and perused the record.
By moving this application, the prayer is made to quash the entire proceedings of Crl. Case No.20599/ 2022 (State Vs. Rekha Devi) as well as cognizance order dated 23.03.2022 including ChargeSheet No.1 dated 30.01.2022 arising out of Case Crime No.0556/ 2021, under Sections 406, 504, 506 I.P.C., Police Station Lanka, District- Varanasi, pending in the court of Judicial Magistrate Ist, District Varanasi.
As per facts of the case, FIR was lodged by the opposite party no.2 against the applicant, her husband and her brother-in-law on 12.07.2021 with the allegation that opposite party no.2 got executed a registered agreement to sell regarding disputed property with Antu Saini, the father-in-law of the applicant for the consideration of Rs. 20,00,000/-, wherein Rs.15,00,000/- were taken as advance through cheque by the applicant. But after this agreement dated 21.12.2018 Antu Saini died on 24.01.2019. After his death again the applicant borrowed Rs.1,50,000/- from the opposite party no.2 for the last rituals of her father-in-law on the assurance that she will execute sale deed as soon as possible but since then neither the sale deed has been executed, nor the amount has been returned, rather it is the allegation that applicant alongwith her husband and her brother-in-law is demanding Rs.50,00,000/- more for executing sale deed.
Issues for consideration
3 issues framed by the court
Whether the proceedings in cognizance of the FIR arising from a civil property dispute should be quashed under Section 482 Cr.P.C.
Whether the demand for additional money to execute a sale deed constitutes an offence under Sections 406, 504, 506 IPC.
If good grounds exist to quash the charge-sheet and cognizance order.
Parties & counsel
- applicant
Smt Rekha Devi
Coram
Sadhna Rani (Thakur)
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- A482/41100/2022
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