RAM KRISHNA GAUTAM,J. - (1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Omkar Singh and Smt. Sashi, with a prayer for quashing of entire criminal complaint case no.3112/2019, Sarita vs. Omkar and others, as well as, summoning order, dated 16.7.2019, passed by the Additional Chief Judicial Magistrate, court no.6, Ghaziabad, under Sections 406 and 420 of IPC, Police Station Kavi Naga, pending before Additional Chief Judicial Magistrate, court no.6, Ghaziabad.
(2.) Learned counsel for applicants argued that the applicants entered into an agreement with Smt. Sarita for transfer of a flat and received consideration, mentioned therein, but the rest of consideration could not be managed by Sarita DEvi, thenafter, a plot was got transferred in favour of Sarita Devi by Omkar Sing, applicant no.1 herein, for a consideration of Rs.3,52,000/- and remaining balance amount of Rs.150,000/-, which was previously taken as a premium, was deposited in the Account of Sarita Devi. Rest amount of Rs.2,00,000/- remained due and the applicants are ready to make payment of that amount, but, this case was got registered as a complaint case, wherein, summoning for offences, punishable, under Section 406 and 420 of IPC has been passed, whereas, in a Police report, submitted before the court, it was specifically mentioned that no such occurrence ever occurred, even then, this impugned summoning order was passed. Hence, for avoiding abuse of process of law, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.
(3.) Learned AGA, representing State of U.P., has vehemently opposed this Application.;