Rajesh Dayal Khare, J. - (1.) SUPPLEMENTARY affidavit filed today in Court is taken on record.
(2.) HEARD learned Counsel for the applicants and learned A.G.A. for the State. The present application under Section 482 Cr.P.C., has been filed for quashing the proceedings of Criminal Case No. 1451/IX/09, under Sections 420, 467, 468, 471 I.P.C., Police Station Sadar Bazar, District Mathura, pending before learned Ist Additional Chief Judicial Magistrate, District Mathura as well as for quashing of the charge sheet No. 84 of 2009 dated 14.06.2009 filed in aforesaid case and summoning order dated 18.08.2009.
(3.) IT is contended by learned Counsel for the applicants that one Rohan Singh, who had been earlier the owner/Bhumidhar of the land in question had executed a sale deed in favour of the applicant No. 2, in which the applicants No. 1 and 3 were attesting witnesses. Thereafter the name of the applicant No. 2 was also recorded in revenue records over the land in question. It is further contended that after execution of the aforesaid sale deed in favour of the applicant No. 2, the applicant came to know that Rohan Singh and Rohtan Singh had already executed a sale deed in favour of one Smt. Rajwanti and Smt. Rajwanti had sold part of the land in favour of Smt. Suneeta Sharma wife of Rabish Kumar Sharma. It is further argued that remaining part of the land of the said Khara was sold to Krishna Gopal, the opposite party No. 2. It is next argued that as soon as the applicant No. 2 had come to know about the fraudulent act of Rohan Singh and Rohtan Singh, he immediately moved an application before the Senior Superintendent of Police, Mathura and the opposite party No. 2 has lodged the F.I.R., against the applicant in Case Crime No. 167 of 2008, under the charged Sections in which the Investigating Officer has submitted the charge sheet against the applicants and in the said charge it has been indicated that investigation against Rohan Singh is in progress. It is next argued that the learned Additional Chief Judicial Magistrate, I Ind, vide its order dated 18.08.2009 took cognizance and summoned the applicants and thereafter directed for further investigation. It is further contended that Investigating Officer after investigation found that no offence is made out against the applicants and that Rohan Singh who is the person, involved in the commission of the offence, therefore filed supplementary charge sheet against him. It is next contended that pursuant to the compromise entered into in between the applicant No. 2 and the opposite party No. 2, the civil suit which was pending between the parties was also decided in terms of compromise, copy of which judgment has been been annexed as Annexure -SA -2 to the supplementary affidavit. It is thus contended that the matter is purely of civil nature, in which the applicants have been falsely implicated and thus the criminal prosecution of the applicants is nothing but gross misuse of the process of the Court.;