- (1.) The instant petition under Section 482 Cr.P.C. has been filed by the applicants Smt. Satyendra Kaur, Gurdeep Singh, Ahmad Mian and Yaseen Mian seeking the relief of quashing the proceedings of Case No. 938 of 1998, State v. Gurdeep Singh and others, under Sections 420, 419, 467, 468 IPC, PS Kotwali, District Pilibhit arising out of Case Crime No. 266/96, State v. Smt. Satyendra Kaur and the charge-sheet submitted therein on 3.2.98 pending in the Court of CJM, Pilibhit. The brief facts of the case are that Late Sri Naushey Khan father of the applicant Nos. 3 and 4, was the recorded tenure holder of Arazi No. 64/4, area.03 acre and 66/1/2, area.03 acre, apart from other Arazies situated in village Desh Nagar Anderchunji, District Pilibhit. Late Sri Naushey Khan executed a sale-deed on 2.2.1983 in favour of Sri Rajendra Kumar Wadhwa (informant) and his brother Kewal Krishna Wadhwa, sons of late Aishi Lal in respect of some constructions stated to be standing on Khasra No. 64/4, area.01 decimal. Subsequently on 11/2/85, he executed another sale-deed in favour of said Sri Rajendra Kumar Wadhwa in respect of some area of the aforesaid plot alongwith the constructions standing thereon. After the death of said Sri Naushey Khan, the applicant Nos. 3 and 4, namely Ahmad Miyan and Yaseen Mian inherited the rights of their father in respect of agricultural holdings and other properties and their names were mutated in the revenue records. After a considerable period since the death of their father, opposite parties No. 3 and 4 learnt that the property transferred by their father in favour of Sri Rajendra Kumar Wadhwa and Sri Kewal Krishna Wadhwa was situated over plot No. 66/1 / 2 and was a part and parcel of the said plot but inadvertently the number of the said plot had been stated in the two sale-deeds executed by late Sri Naushey Khan as plot No. 64/4 instead of plot No. 66/1/2. On coming to know this fact, the applicant Nos. 3 and 4 requested Sri Rajendra Kumar Wadhwa to get Titimma sale-deed (corrected sale-deed) executed from them regarding correction of Arazi number shown in the two sale-deeds.
(2.) In the year 1991, applicant No. 1 Smt. Satyendra Kaur wife, of Sri Gurdeep Singh (applicant No. 2) approached the applicant Nos. 3 and 4 for purchase of the open land lying near the houses and shop of Rajendra Kumar Wadhwa and his bother. The applicant Nos. 3 and 4 agreed to sell the open land and executed a sale-deed on 4.6.1991 in respect of Arazi No. 64/4, area.03 acre situated at village Desh Nagar Anderchungi, Paragana, Tehsil and District Pilibhit and handed over the possession of the same to the purchaser Smt. Satyendra Kaur (applicant No. 1). In pursuance of the said sale-deed, the name of applicant No. 1 was mutated over Arazi No. 64/4, referred to above, in the revenue records. Rajendra Kumar Wadhwa, son of Sri Aishi Lal lodged an FIR on 7.9.1996 at PS Kotwali, under Sections 420,419,467 and 468 IPC against applicant Nos. 1 to 4 and Naresh Chandra Saxena and Tahir Ali and the same was registered as Case Crime No. 266/96 at PS Kotwali. Pursuant to the said FIR, the case was investigated and after investigation the Investigating Officer came to the conclusion that no offence as alleged in the FIR had been committed by the accused persons and regarding the plot No. 64/4, a civil suit was also pending between the parties. Hence the Investigating Officer submitted final report. When Sri Rajendra Kumar Wadhwa did not agree to get Titimma Bainama (corrected sale-deed) for correction of Arazi number actually transferred to him by two sale-deeds executed by the father of the applicant Nos. 3 and 4 and lodged an FIR against the applicants, the applicant No. 3 filed suit No. 35/97 in the Court of Civil Judge (Sr.Division), Pilibhit on 6.2.1997 against Sri Rajendra Kumar Wadhwa and his brother Kewal Krishna Wadhwa. In the said civil suit, the opposite party No. 3 sought the relief of mandatory injunction directing the defendants to get Arazi number in the sale-deeds dated 2.2.1983 and 11.2.1985 corrected from 64/4 to 66/1/2. In the said suit, under order of the Court, Amin was directed to make a spot inspection and prepare a site plan. The Amin appointed by the Court submitted his report on 26.4.1997 wherein he has specifically stated that there is no construction on plot No. 64/4, which is a part of the plot No. 64 in the village map. From the said report, it is evident that the piece of land which was transferred in favour of informant Rajendra Kumar Wadhwa and his brother by late Naushey Khan cannot be plot No. 64/4.
(3.) When the final report was submitted by the Investigating Officer, the informant approached the police officials and persuaded them to submit a charge-sheet against the applicants, whereupon, the Circle Officer, District Pilibhit vide letter dated 4.6.1997 directed to reinvestigate the matter and after reinvestigation the charge-sheet was submitted against the applicants,. The CJM, Pilibhit on the basis of said charge-sheet passed an order on 6.3.1998 taking cognizance of the matter and directed to register a case and summon the accused persons.;