MAHESHBHAI JESABHAI KANDORIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Articles 226 and 227 of the Constitution India, the present petitioner has prayed for quashing and setting aside the FIR being C.R.No.I- 2 of 2019 registered with DCB Police Station, District:- Vadodara City for the offences punishable under Ss. 406 , 420 and 120 B of the Indian Penal Code.

(2.) Heard learned advocate Mr. Tattvam K. Patel for the petitioner and learned APP Ms. M. D. Mehta for the respondent - State.

(3.) The complainant in brief is that the complainant is a retired person and is having land bearing survey no. 102, 105, 106, 107, 109, block no. 76/A admeasuring 0/62/54 he-are.sq.mtrs. as well as block no. 76/B admeausing 1/87/83 he-are-sq.mtrs which is amongst the total area of 2/50/37 he-are-sq.mtrs situated at village: Chikhodara, District :- Vadodara. The land originally belongs to his father and the name of the petitioner and his siblings were entered into the revenue record. As the family of the complainant wanted to sell the aforesaid land, one Rahulbhai Amrutbhai Barot and Milindrabhai Patel came to the residence of the complainant and after negotiation, it was agreed that the land would be sold at the price of Rs.721.00per sq. ft. and amount of sale consideration receivable by the original land owner would come to Rs.19,42,35,958.00 . However, the complainant was made to believe that if sale deed is executed as per the jantri price, the purchaser would be required to pay lesser jantri price and therefore, in the sale deed, the price of the land was shown much less than the original price of the sale consideration of the land in question agreed upon between the parties. The complainant was assured that the separate notarized MOU will be signed, containing the actual details about the sale consideration payable to the complainant and accordingly the registered sale deed was executed in favour of the present petitioner and the other accused persons.