JUDGEMENT
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(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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