MEET RAMJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this Criminal Misc. Application under Sec. 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), the applicants have challenged the criminal complaint being CR No.I-225/16 dtd. 24/12/2016 registered with Vastrapur Police Station for the offence punishable under Ss. 406, 420, 465, 467, 468, 469, 471 and 120B of the Indian Penal Code.

(2.) The applicants no.1 to 13 are the partners of the partnership firm, namely, M/s. Hare Krishna Developers engaged in the business of construction. It is stated that the land bearing survey No.497/1, 498/P, 500/1, 500/1, 500/3 and 508/P, F.P. No.2+6+ (12+13)/1 of draft T.P. No.37A, Thaltej, admeasuring 18151 sq. mtrs. after deduction of 40% of the land came to be purchased by the applicants from the accused no.1 " " Poras Babubhai Patel by way of different registered sale deeds on 1/9/2005.

(3.) Heard Senior Advocate Mr. I.H. Syed assisted by Mr. A.B. Pandya, learned advocate for the applicants. Mr. Syed submits that the report of the police dtd. 6/4/2016 before the learned Magistrate cannot disclose any criminality of the applicants rather the report stated all civil dispute and further submits that during the course of inquiry under Sec. 202 of the Cr.P.C., the parties had entered into settlement by way of agreement dtd. 12/6/2015 on certain terms and conditions. The applicants by way of settlement had paid a sum of Rs.30,00,000.00 by cheque to the society. The applicants also state that the orders dtd. 9/11/2015 and 29/6/2015 were passed by the competent authority for consolidation of the lands in question and mutation entry to that effect was made in the revenue records.