BHAVNABEN KALPESHKUMAR KADAKIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicants-original accused to quash and set aside the impugned Complaint, being Criminal Inquiry Case No. 1/2008 pending in the Court of learned Judicial Magistrate First Class, Dahod as well as to quash and set aside the order passed by the learned Judicial Magistrate First Class to send Criminal Inquiry Case No. 1/2008 for police investigation Section 156(3) of the Code of Criminal Procedure as well as the impugned FIR, being M Case No. 1/2008 registered with Dahod Town Police Station, Dahod for the offences punishable under Sections 406, 420, 504, 506(2) and 114 of the Indian Penal Code.

(2.) RESPONDENT no. 2-original complainant has instituted the private complaint under Section 190 of the Code of Criminal Procedure against the applicants-original accused for the offences punishable under Sections 406, 420, 504, 506(2) and 114 of the Indian Penal Code, which has been registered as Criminal Inquiry Case No. 1/2008. The learned Magistrate passed an order to send the said Complaint for police investigation under Section 156(3) of the Code of Criminal Procedure and consequently the same was sent to the Dahod Town Police Station and the same is registered as M Case No. 1/2008. It is alleged in the said Complaint that the applicant-original accused no. 1 executed one agreement to sell dated 09/06/2007 with respect to the flat in question situated at Dahod for a sale consideration of Rs. 13,11,000/- and at that time applicant no. 2-original accused no. 2 was also present. It is further alleged that thereafter respondent no. 2-original complainant paid a total sum of Rs. 8,07,164/- on different dates towards the part sale consideration and it is further alleged in the said Complaint that despite the fact that respondent no. 2-original complainant is ready and willing to pay the balance amount of Rs. 5,03,836/- the applicants-original accused are not executing the sale deed and, therefore, it is alleged that the applicants-original accused have committed the offences under Sections 420 and 406 of the Indian Penal Code. It is further alleged that when respondent no. 2-original complainant contacted the applicants-original accused and requested to execute the sale deed on accepting the balance sale consideration they gave threats and, therefore, it is alleged that the applicants-original accused persons have committed the offences under Sections 406, 420, 504, 506(2) and 114 of the Indian Penal Code. Being aggrieved and dissatisfied with the aforesaid Complaint as well as the order passed by the learned Magistrate sending the said Complaint for police investigation under Section 156(3) of the Code of Criminal Procedure and registering of the FIR, being M Case No. 1/2008 with the Dahod Town Police Station the applicants-original accused have preferred the present application under Section 482 of the Code of Criminal Procedure.

(3.) SHRI L.B. Dabhi, learned APP has requested to pass an appropriate order considering the facts and circumstances of the case.