MINAXIBEN DILIPBHAI VAJERIYA Vs. BINDUBEN

JUDGEMENT

(1.) Criminal Misc. Application No. 18023 of 2019 and Criminal Misc. Application No. 5918 of 2021 have been filed under'Section 482'of the Code of Criminal Procedure for quashing and setting aside the first information report bearing C.R. No. I - 138 of 2019 registered at Narol Police Station under'Sections 406,'420,'465,'467,'468,'471,'120B,'114'of the Indian Penal Code. Criminal Misc. Application No. 5681 of 2021 has been filed for quashing and setting aside the first information report bearing C.R.No. I - 59 of 2016 registered at Gujarat University Police Station, Ahmedabad under'Sections 406,'420, 114'of the Indian Penal Code and Criminal Case No. 34294 of 2017 pending before Metropolitan Magistrate Court No.13, Ahmedabad.

(2.) The amendment application has been moved to join the co-accused No.6 who is a Notary as respondent No.3. The proposed amendment is granted and the co-accused No.6 has been added as respondent No.6 in this matter.

(3.) Mr. Nitin Amin, learned advocate appearing on behalf of the applicant has submitted that the original de- facto complainant expired, and thereafter, by way of amendment, by court's order the husband and the daughters of the complainant Binduben Shah have been joined as party respondents. Mr. Amin, learned advocate submitted that the mother of the petitioner and the de- facto complainant, namely Lilavatiben Jayendrabhai Mehta had purchased the property bearing Survey No. 411, Block No.76 and Block No.77 of 135 sq.yard; on both these lands the construction was made upto plinth level. The property was purchased by a registered sale deed dated 03.11.1982 from her own funds. The block No. 78 of Survey No.411 ad-measuring 200 sq. yards was purchased from the same person by Varshaben who is a wife of petitioner's brother by registered sale deed on 03.10.1982. All the above stated three properties were in the nature of go-down constructed upto plinth level when it was purchased. It is stated that the mother of the petitioners, Lilavatiben had executed a will on 25.07.1986 in favour of her grandson minor Vikram. Lilavatiben died on 13.12.1986 and thereafter mutation entry of heirship was made in revenue record on 25.11.2005.