PRAVINBHAI NARENDRABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONERS are the original accused. They seek quashing of complaint at Annexure A bearing C.R.No.I-40/2002 registered at Bavlu Police Station. Complainant in the impugned complaint alleged that he had inherited 2 vighas of land and the other 2 vighas out of 4 vighas of ancestral property belonged to his brother's wife Kashiben. The petitioners desired to purchase 2 vighas out of Survey No.393/2 from Kashiben and promised that in turn she would be given another 4 vighas of land in exchange and also Rs.40,000/-. Accordingly, they had got the documents signed. However, when Kashiben and the complainant reminded the petitioners about the promises, they paid only Rs.40,000/- and did not give 4 vighas of land. That is how, it is alleged that the petitioners committed offence under the Indian Penal Code.

(2.) UPON perusal of the documents on record, however, it is clear that the land in question was sold through a registered sale deed. The allegations made in the complaint run counter to the documents on record. The allegations are inherently improbable. Therefore, no useful purpose would be served in permitting further investigation and trial. The complaint at Annexure A is therefore quashed. Rule is made absolute accordingly.