DALPATBHAI MANCHHUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present 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 FIR being C.R. No. 1-260 of 2005 registered with Rander Police Station, Surat for the offences punishable under Sections 467, 468, 471, 114 read with 120-B of the Indian Penal Code and Sections 3(5), 3(8), 3(9), 3( 10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [herein after referred to as "the Atrocities Act"].

(2.) The impugned FIR has been lodged by Respondent No. 2 herein - original complainant with Rander Police Station on 19/07/2005 for the offences punishable under Sections 467,468,471,114 read with 120-B of the Indian Penal Code and Sections 3(5), 3(8), 3(9) and 3(10) of the Atrocities Act, for the offences alleged to have been committed on 19/12/2001 and/or prior thereto, alleging inter alia that she was in possession of the disputed land in question by adverse possession and despite the same, the said land has been sold by original owners by registered sale deed dated 11/10/2001 in favour of Petitioner No. 4 herein. The said sale deed was executed in favour of Petitioner No. 4 herein- Jayeshbhai Chandulal Patel by Petitioner No. 1 herein as power of attorney holder of Petitioner Nos. 2 and 3 - original owners. It is further alleged that though she has executed sale deed in favour of Haresh Pragjibhai Patel in the year 2004, she is still, in possession of disputed land in question and the applicants have tried to dispossess her and she belongs to scheduled tribe community. It is alleged that the applicants have committed offences punishable under the Indian Penal Code as well as the Atrocities Act. Being aggrieved by and dissatisfied with the impugned FIR, the applicants herein have preferred the present Criminal Misc. Application under Section 482 of the Code of Criminal Procedure to quash and set aside the impugned FIR.

(3.) Mr. A.D. Shah, learned advocate appearing on behalf of the applicants has vehemently submitted that as such the applicants have not committed any offences as alleged either under the Indian Penal Code or under the Atrocities Act. It is submitted that as such the civil dispute is tried to be converted into criminal dispute by filing the impugned FIR, which is nothing but abuse of process of law and Court. It is submitted that instead of filing a Suit for cancellation of registered sale deed in favour of Petitioner No. 4, the complainant has filed the impugned FIR, which is nothing but abuse of process of law and Court and unnecessary harassment to the applicants. It is further submitted that as such the original complainant was/is never in possession of the disputed land in question. It is submitted that she herself has sold the disputed land in favour of Hareshbhai Patel by registered sale deed dated 03/02/2004 and under the said sale deed, it is specifically mentioned that she has handed over the possession of the land in question to the Hareshbhai Patel.