Mahavir Singh - (1.) THIS petition has been moved under Section 482 CrPC for quashing the criminal proceedings pending against the applicant and another under Section 448 IPC.
(2.) THE relevant facts are that the house No. 555CH/47 situate in mohalla Ram Nagar, Lucknow belonged initially to Smt. Gulab Kali. According to opposite party no. 1 the complainant's wife Smt. Maya Devi and one Smt. Ranno Devi wife of Sri S. K. Srivastava had entered into an agreement of sale with the said Smt. Gulab Kali, on 12- 11-74 and had paid an advance of Rs. 3200/- to her and she was to execute sale deed within one month on receiving the permission from the District Magistrate. It was, however, alleged by him that later she began to negotiate the sale in favour of one Om Prakash Singh one of the co-accused in this criminal case. So they filed a regular Suit No. 21 of 1975 on 27-1-75 at about 11.00 A. M. for specific performance of contract against Smt. Gulab Kali. But on the same day Om Prakash Singh one of the co-accused in the complaint case along with the applicant got a sale deed executed from Smt. Gulab Kali about the house in question. It was alleged that this sale deed was not bonafide as Sri Om Prakash had full knowledge of the prior agreement of Smt. Gulab Kali, Smt. Ranno Devi and Smt. Maya Devi and also because the transfer was made lis pendens during the pendency of the regular suit. The case of the applicant was that Om Prakash Singh had no knowledge of any such prior agreement and that the transfer in favour of Om Prakash Singh was not lis pendens but was prior to the institution of the regular suit. The regular suit filed by Smt. Maya Devi and Smt. Ranno Devi was decreed ex-parte on 16 -8-75. Then the court on behalf of the owner executed the sale deed in their favour on 28-9-77.
(3.) SMT. Maya Devi and SMT. Ranno Devi, decree-holder then also applied for possession in execution proceedings vide case no. 1 of 1978. The execution court allowed their application and ordered Amin to deliver possession to them. According to the case of the complainant opposite party no. 1, the Amin delivered actual possession to him on behalf of the decree-holders on 22-2-78 at about 11.00 A.M. with the help of the police. The articles found inside the house were taken out and given to one Savetri Singh who was there and possession was delivered. It was further alleged by the complainant that at about 4.30 P. M. the same day, the applicant along with the owner Om Prakash and about 10-15 others armed with lathis, knives and pistols retook possession of the house in question forcibly after threatening the complainant and his brother and others who were there.;