NAND KUMAR VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed the instant petition under Sec. 482 of the Code of Criminal Procedure, 1973 for quashing the FIR bearing Crime No. 124/2017 (Annexure P/1) registered against the petitioner on 30/3/2017 on the basis of complaint made by respondent No. 2 along with other complainants at Police Station- Baloda, District- Baloda-Bazar (C.G.) for committing offence punishable under Sec. 420 of I.P.C.

(2.) The brief facts, as projected by the petitioner, are that on 30/3/2017, Police Station- Baloda, District- Baloda-Bazar-Bhatapara registered offence bearing FIR No. 124/2017 on the basis of written report dtd. 28/6/2016 by respondent No. 2/Nandlal Verma, Kalindri, Kaushal, Santram Mantram and Gopal alleging that the petitioner in a revenue case for mutation of land filed before Tahsildar had submitted fabricated false documents of Panchayat proceedings dtd. 3/4/2013 and got his name mutated in revenue records of the ancestral property on the basis of this fabricated document. After completion of preliminary enquiry, the Police have registered the FIR against the petitioner on 30/3/2017, which has been assailed by the petitioner in this petition.

(3.) Learned counsel for the petitioner would submit that on 26/11/1997, the complainants executed settlement (Partition-deed) in absence of the petitioner. On 17/12/1997, the complainants again executed family settlement / partition-deed and made partition of ancestral property. The complainants along with the petitioner filed an application for partition of holdings under Sec. 178 of the Land Revenue Code, 1959 before Tahsildar, Baloda Bazar, who on 26/11/1996 (Annexure P/2) passed judicial order in Revenue Case No. 17-A/27 Year 1995-96 (Annexure P/4). The complainants and the petitioner withdrew the appeal filed by them before the Sub Divisional Officer by filing compromise petition on 7/1/1998 (Annexure P/5).