The court emphasized that civil disputes should not be converted into criminal cases, and found no evidence of criminal wrongdoing by the applicants, leading to the quashing of the charge-sheet.

JUDGMENT :

Manju Rani Chauhan, J.

1. Heard Mr. Rahul Agarwal, Advocate assisted by Mr. Pavan Kishore, Mr. Atul Khaneja, Mr. Venu Gopal, learned counsel for the applicants, Mr. Dharmendra Singh Chauhan, learned counsel for the opposite party No. 2 and Mr. Amit Singh Chauhan, learned AGA-I assisted by Mr. Mayank Awasthi, learned counsel for the State.

2. The applications under Section 482 Cr.P.C. Nos. 22134 of 2023 and 21921 of 2023 have been filed by the applicants seeking to quash the charge-sheet dated 6.12.2022 and cognizance order dated 9.12.2022 as well as the entire proceedings of Case No. 6501 of 2022 (State v. Satveer Singh and others), arsing out of Case Crime No. 0949 of 2022, under Sections 447, 420, 467, 468, 469, 471, 120B IPC and Section 28(1) of U.P. Urban Planing & Development Act 1973, Police Station-Izzat Nagar, District-Bareilly, pending before the Court of Chief Judicial Magistrate, Bareilly.

3. The application under Section 482 Cr.P.C. No. 41154 of 2023 has been filed by the applicant seeking to quash the entire proceedings of Crime No. 949 of 2022 (State v. Jaswar @ Jaswir and others), under Sections 447, 420, 467, 468, 469, 471, 120B IPC and Section 28(1) of U.P. Urban Planing & Development Act, 1973, Police Station-Izzatnagar, District-Bareilly, pending before the Court of Chief Judicial Magistrate, Bareilly.

4. The brief facts of the case as placed by the counsels for the applicants are:

(i) An FIR was lodged on 13.11.2022 by the opposite party No. 2, i.e. Junior Engineer, Bareilly Development Authority, Bareilly against the applicants with the allegations that Khasra No. 825, area 0.7714 hectare, Village Biharman Nagla, Tehsil Sadar, District Bareilly was registered as surplus land in the revenue records, whose possession was handed over to the Bareilly Development Authority on 16.11.1990. 2/3rd portion of the aforesaid Khasra No. 825 was illegally sold on 20.3.2003 by successors/legal heirs of erstwhile tenure holders in favour of M/s. S.K. Associates for Rs. 3,80,750/- through a registered sale-deed, though the circle rate value of the land was Rs. 25,70,000/-. Subsequently, M/s. S.K. Associates sold various portions of Khasra No. 825 in favour of different individuals in the year 2021-2022. The difference in value itself indicates that the transaction was with a view to indulge into further sale and purchase of Government land.

(ii) During the investigation, statement of complainant-Raman Kumar was recorded by the Investigating Officer on 13.11.2022, statements of Dalvinder Singh, Salim Ahmad and Julfikar Ahmad on 14.11.2022, statement of Ram Nath Singh-Lekhpal, Bareilly Development Authority on 14.11.2022, statement of Anurag Goyal, Accountant of Alliance Builders and Contractors Ltd. on 19.11.2022, statement of Anil Kumar-Tehsildar Sadar, District Bareilly on 21.11.2022 and statements of Brahma Nand Sharma-Revenue Inspector, and Naresh Chandra-Lekhpal, Tehsil Sadar, District Bareilly were recorded on 21.11.2022.

(iii) The complainant-Junior Engineer concerned, Raman Kumar in his statement as recorded on 13.11.2022 reiterated the version of the FIR.

(iv) Statement of Ram Nath Singh, Lekhpal, Bareilly Development Authority was recorded on 14.11.2022. Apart from reiterating the allegations in the FIR, the Lekhpal has stated that there were seven sale-deeds beginning from 15.3.2021 to 27.6.2022 that were entered into by M/s. S.K. Associates in respect of Gata No. 825 for a total consideration of Rs. 3,13,66,000/-. The entire money was being earned by illegal sale/purchase of Government land.

(v) Statement of two of the purchasers of property, namely, Saleem Ahmed and Zulfigar, to whom M/s. S.K. Associates had sold parcels of Gata No. 825, were also recorded on 14.11.2022. These purchasers have also been made an accused in the matter. The statement of Saleem Ahmad and Zulfigar only mention that they contacted Ramandeep to purchase the land and had given money to him. Ramandeep had called one Dalvinder and asked