Mahendra Dayal, J. - (1.) The applicants have filed this application under Section 482 Cr.P.C., for quashing of the proceedings of Criminal Case No.42/2013, arising out of Case Crime No.197/2011, under Sections 419, 420, 467, 468, 471 IPC, Police Station Khodare, District Gonda, pending in the Court of Chief Judicial Magistrate, Gonda.
(2.) The brief facts are that the opposite party No.2 filed a complaint stating therein that Gata No.3371 and 3362 situated at Village Kook Nagar Girante Pachimi Boodhapur, was recorded in the name of Shaukat Ali. The opposite party No.2 purchased the aforesaid land from Shaukat Ali by registered sale-deed dated 24.06.2008. It was further stated that since the date of purchase, they were in exclusive possession of the land. It was alleged that the applicant No.1, who is the mother of the applicant No.2, filed a suit for cancellation of the sale-deed on the ground that Shaukat Ali had died prior to the execution of the sale-deed on 24.06.2008. The applicants claimed themselves to be successors of Shaukat Ali. According to the opposite party No.2, filing of the suit for cancellation of the sale-deed and claiming themselves to be the legal heirs of Shaukat Ali, amounts to commission of offence under Sections 419 and 420 IPC. The application under Section 156(3) Cr.P.C., filed by the opposite party No.2, was disposed of by the Court concerned and the police was directed to investigate. In compliance of the order passed by the Court, the police, without there being any credible evidence filed charge-sheet against the applicants and the learned Magistrate also without applying his judicial mind took cognizance in a routine manner and issued summons to the applicants. The correct facts are that Shaukat Ali was the elder brother of the husband of the applicant No.1, who died on 02.09.2004. He was issueless. After the death of Shaukat Ali, the applicants being the legal heirs of Shaukat Ali inherited the property. The opposite party No.2 by playing fraud and by imposter got the sale-deed executed in his favour while on the date of sale-deed, Shaukat Ali was no more. When the applicants came to know about the alleged sale-deed, they filed a suit for cancellation of the sale-deed in the Court of Civil Judge (Junior Division), which was registered as Suit No.393/2009. In the said case, the opposite party No.2 has already filed a written statement. The application under Section 156(3) Cr.P.C., moved by the opposite party No.2 was filed with an object to compel the applicants to compromise. The applicants had filed a Writ Petition No.4897 of 2012 for quashing of the First Information Report, in which their arrest was stayed till the filing of the charge-sheet.
(3.) I have heard learned counsel for the parties and perused the record.;