PHOOLCHAND GUPTA AND ANOTHER Vs. STATE OF U.P. AND ANOTHER
LAWS(ALL)-2016-1-244
HIGH COURT OF ALLAHABAD
Decided on January 14,2016

Phoolchand Gupta And Another Appellant
VERSUS
State of U.P. and another Respondents

JUDGEMENT

- (1.) Heard Sri Khurshed Alam, learned counsel for the applicants, learned A.G.A. on behalf of State and Sri I.N. Singh, learned counsel on behalf of opposite party no. 2.
(2.) This application under Section 482 Cr.P.C. has been filed with a prayer to quash the Charge Sheet No. 186 of 2010 dated 19.5.2010 as well as proceedings of Case Crime No. 1461 of 2007, under Sections 419, 420, 467, 468, 471, 474 and 120 -B of the Indian Penal Code (in short 'I.P.C.'), P.S. Kotwali, District Deoria.
(3.) It appears that informant Ramji Prasad Yadav lodged F.I.R. against his former wife/co -accused Ms. Sushila Devi, applicants Phoolchand Gupta and Raju Kumar Gupta alleging that he had constructed a house in the name of his former wife Ms. Shushila Devi with his own funds. Subsequently, they obtained divorce from the court. Meanwhile opposite party no. 2 Ramji Prasad Yadav filed Original Civil Suit No.17 of 1989 for declaration of his title over the house in dispute. It appears that he obtained a favourable decree dated 5.9.1989 on the basis of compromise. A mutation was also obtained by informant.;


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