JUDGMENT :

1. Heard learned counsel for the applicant and learned A.G.A. representing the State. Perused the records.

2. This application under Section 482 Cr.P.C. has been filed by applicant Irfan against State of U.P. and Ishahak @ Ishak with prayer to quash the summoning order dated 21.08.2017 as well as entire proceedings of Complaint Case No. 177/9/2017, Ishahak @ Ishak Vs. Gayyoor and others, under Sections 420 I.P.C., P.S. Titavi, district Muzaffarnagar, pending in court of Additional Chief Judicial Magistrate, Court No.1, Bijnore. Though it is orally argued that it is Muzaffarnagar and due to typographical error mentioned as Bijnore.

3. Learned counsel for the applicant argued that first complaint was filed by the wife of opposite party no.2 Ishahak @ Ishak which was dismissed in default. Again this second complaint bearing No. 177/9/2017 was filed by opposite party no.2 wherein no ingredient against applicant Irfan is made out for offence punishable under Section 420 I.P.C. because he was a simply witness for a deed executed by Gayyoor for his own land in favour of Rahil. He was not aware of any previous agreement to sell executed in the name of wife of opposite party no.2. H