SWARAJ NARBHESHANKAR PANERI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application, the applicant prays for quashing of the F.I.R. being I CR No.61/2019 registered with Sama Police Station, District: Vadodara for the offence punishable under Sections 406, 420, 465, 467, 468, 471, 474, 182 and 506(2) of Indian Penal Code.

(2.) Brief facts of the present case are summarized as under:

(3.) That, the present applicant had purchased a land bearing Survey No.37 admeasuring 7689 sq.mtrs. and the land bearing Survey No.45 admeasuring 11635 sq.mtrs., situated at Village: Sama by registered sale deed in the year 1999. It is alleged that the applicant did not make full payment of the said consideration and the payment of the cheques of consideration was stopped. That, during the suit proceedings initiated by respondent No.2 and her family members, the applicant allegedly executed agreement for payment of money, however, the present applicant did not pay even the said amount agreed at the time of the subsequent agreement dated 11.12.2003. That, on false assurances of the applicant, the informant and her family members had withdrawn civil suits. That in the year 2013, all the earlier settlement agreements were cancelled and respondent No.2 transferred an amount of Rs.45,00,000/ to the account of the present applicant and thereafter instituted Civil Suit No.204 of 2014 before the learned Civil Court, Vadodara. That however present applicant is not even an agriculturist, he had allegedly produced fraudulent documents at the time of application for non-agricultural use. That, the present applicant produced fraudulent measurement-sheet of adjoining land bearing Survey No.44 and has thereby wrongly got the N.A. Permission from the office of Collector, Vadodara on 31.1.2014. That, son of respondent No.2 got various documents under RTI from which respondent No.2 derived information that the measurement-sheet of the aforesaid plot as well as name of the occupier were erased. That, on 11.1.2019, son of respondent No.2 Shri Anant Patel as well as her nephew Shri Ankur Patel were called by the present applicant in the office of his friend and at that time threats were delivered to the effect that they will face dire consequences if they keep on making applications before the various authorities against the applicant. Ultimately, impugned FIR came to be lodged on 8.7.2019 at 14.35 hours arraigning the present applicant as an accused.