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2025:UHC:11369

Judgment Reserved on: 19.11.2025

Judgment Delivered on: 19.12.2025

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Misc. Application No. 2111 of 2023

Rajendra Singh and Another ......Applicants

Vs.

State of Uttarakhand and Another …..Respondents

Presence: Mr. Shakib Husain, learned counsel for the Applicants.

Mr. Vipul Painuly, learned Additional Government Advocate for the State.

Mr. Saurabh Kumar Pandey, learned counsel for respondent no. 2.

Hon’ble Ashish Naithani, J.

The present Criminal Miscellaneous Application under Section 482

of the Code of Criminal Procedure has been filed by the Applicants,

Rajendra Singh and Smt. Jagwati, seeking quashing of the criminal

proceedings of Criminal Case No. 1887 of 2023 arising out of Case

Crime No.181 of 2023, registered at Police Station Kotwali Gangnahar,

Roorkee, District Haridwar, under Sections 406, 504 and 506 of the

Indian Penal Code, as well as the cognizance order dated 10.10.2023

passed by the learned Additional Chief Judicial Magistrate, Roorkee.

2. The dispute between the parties arises out of a registered

agreement to sell dated 08.08.2022 executed between the Applicants and

the private Respondent in respect of a plot of land situated at Roorkee.

As per the agreement, the sale deed was required to be executed on or

before 30.04.2023.

3. According to the State’s case, the Respondent No.2, paid a total

sum of ₹. 15,00,000/- to the Applicants towards consideration for the

said transaction. It is alleged that despite receipt of the said amount, the

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Criminal Misc. Application No.2111 of 2023, Rajendra Singh & Another vs. State of Uttarakhand & Another-

Ashish Naithani J.

2025:UHC:11369

Applicants failed to execute the sale deed and, upon being approached

for return of the money, abused and threatened the complainant.

4. On the basis of these allegations, the private Respondent lodged an

FIR dated 05.04.2023 at Police Station Kotwali Gangnahar, Roorkee,

which was registered as Case Crime No. 181 of 2023 under Sections

406, 504 and 506 IPC.

5. During the investigation, the statements of the complainant and

other witnesses were recorded under Section 161 Cr.P.C. Upon

completion of the investigation, a charge-sheet dated 24.04.2023 was

submitted against the Applicants under the aforesaid sections.

6. The learned Additional Chief Judicial Magistrate, Roorkee, District

Haridwar,upon perusal of the charge-sheet and the accompanying

material, took cognizance of the offences vide order dated 10.10.2023

and summoned the Applicants to face trial.

7. Aggrieved by the initiation and continuance of the criminal

proceedings and the cognizance order, the Applicants have invoked the

inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing

of the proceedings.

8. Learned counsel for the Applicants submitted that the entire

dispute between the parties is purely civil in nature arising out of an

agreement to sell, and that the criminal proceedings have been initiated

with an ulterior motive to pressurize the Applicants for the return of

money.

9. It was contended that, as per the registered agreement dated

08.08.2022, the date fixed for execution of the sale deed was 30.04.2023,

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Criminal Misc. Application No.2111 of 2023, Rajendra Singh & Another vs. State of Uttarakhand & Another-

Ashish Naithani J.

2025:UHC:11369

whereas the FIR has been lodged prematurely on 05.04.2023, even

before the expiry of the contractual period.

10. Learned counsel argued that the Applicants were always ready and

willing to perform their part of the agreement and had communicated

their willingness to the complainant through notices. It was further

submitted that the Applicants had also marked their presence at the office

of the Sub Registrar on the relevant dates.

11. It was urged that the essential ingredients of the offence under

Section 406 IPC are not made out, as the amount received was part of a

contractual transaction and there was no dishonest intention at the

inception of the agreement.

12. Learned counsel fu