Decided on July 23,2013

State of Uttarakhand and another Respondents


- (1.) Applicants Smt. Kamlesh Verma and Rakesh Kumar Gupta, by means of present applications / petitions under Section 482 of Cr.P.C., seek to quash the charge-sheet of case no. 1366 of 2008, State vs Kamlesh Verma and another, and summoning order dated 15.03.2008, passed by learned Chief Judicial Magistrate, Haridwar, in the aforesaid case under Sections 420 and 120B of IPC, which relates to police station Kotwali Jwalapur, District Haridwar.
(2.) Informant / respondent no. 2 Smt. Deepa Kediya filed an FIR on 11.09.2006, in police station Kotwali Jwalapur, District Haridwar against Smt. Kamlesh Verma under Section 420 of IPC. The allegation against Smt. Kamlesh Verma was that she sold the shop of the informant to Rakesh Kumar Gupta, knowing it fully well that the shop belonged to Smt. Govind Kaur. Said shop was sold by way of registered sale deed on 05.05.2006. After investigation, chargesheet against Smt. Kamlesh Verma was filed for the offence punishable under Section 420 of IPC. Chargesheet against Rakesh Kumar Gupta was submitted for the offence punishable under Section 420 of IPC and 120B of IPC. Cognizance was taken by learned Magistrate. The accused persons were summoned to face the trial for the offences punishable under Section 420 and 120B of IPC, vide order dated 15.03.2008. Aggrieved against said order, present applications under Section 482 of Cr.P.C. were filed by the applicants.
(3.) According to the informant Smt. Deepa Kediya, she obtained two shops from Smt. Govind Kaur, wife of Arjun Das on 26.12.2005 through registered sale deeds. Arjun Das was married to Krishna, who died in 1948. After the death of Krishna, Arjun Das married to Govind Kaur. A son named Gurcharan was begotten by Smt. Krishna out of her wedlock with Arjun Das. Arjun Das executed a will in the year 1962 in favour of Smt. Govind Kaur. Gurcharan was disowned by him. The name of Govind Kaur continues to exist in Nagar Palika registers since 1987. The electricity bills, house tax bills, water tax bills were being received in the name of Govind Kaur, so far as these two shops were concerned. Rakesh Kumar Gupta, son of Peerumal and Shyam Sundar Grover, son of Boga Ram were the tenants in said shops. A dispute of tenancy arose, which was got settled with Smt. Govind Kaur. On 26.12.2005 also, Rakesh Kumar and Shyam Sundar Grover paid the rent to Smt. Govind Kaur. Smt. Kamlesh Verma executed a sale deed in favour of Rakesh Kumar Gupta on 05.05.2006, showing the shop to be her own property. The informant came to know of the said sale deed through documents obtained from Tehsil. Smt. Govind Kaur informed the informant on 26.12.2005 regarding execution of sale deed in favour of Rakesh Kumar Gupta. Rakesh Kumar Gupta conspired with Smt. Kamlesh Verma in execution of such sale deeds. Rakesh Kumar Gupta knew it fully well that the owner of the shop was Smt. Deepa Kediya and not Kamlesh Verma. Kamlesh Verma sold the property to Rakesh Kumar Gupta.;

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