HARSHADBHAI MATILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both the petitions being Criminal Misc. Application No.17172 of 2017 and Criminal Misc. Application No.1168 of 2017 are preferred under Sec. 482 of the Code of Criminal Procedure, 1973, (for short "the Cr.P.C .") praying to quash and set aside the FIR being I-C.R. No.237/2016 under Ss. 406 , 420 , 467 , 468 , 471 and 114 of IPC; and FIR being I-C.R. No.34/2017 under Ss. 406 , 420 and 114 of IPC, both lodged with Vadaj Police Station, Ahmedabad.

(2.) The facts in both the petitions are same, therefore, in brief, the same are narrated hereunder:

(3.) Mr. Jal S.Unwala, learned senior advocate with Mr. Premal S.Rachh, learned advocate for the petitioners submitted that the impugned FIRs do not disclose any satisfactory ingredients of any of the alleged offences against the petitioners, which was lodged by the complainant against his own father and other family members with a sole intention to extort more money and share from the subject movable property (amount in PPF account) and that too by suppressing fact of the civil suit for partition of various properties including the subject movable property and decree passed thereon, which was not challenged and has attained finality, whereby complainant has received a sub-plot and amount being his individual shares in the subject property in terms of the partition decree.