LALJIBHAI PRAHLADBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this application the applicants have prayed for quashing and setting aside the complaint which came to be registered by respondent no.2 bearing M. Case No. 1 of 2009 dated 19.9.2009 for the alleged offence u/Ss. 406, 420, 467, 468, 471, 506(2) and 120B of the Indian Penal Code before the Vitthalpur Police Station.

(2.) THE record of the petition reveals that the applicant and opponent no.2 ­ original complainant are real brothers. The dispute was pertaining to the rights of the respective parties over their ancestral agricultural land situated at village Kachrol, Taluka Mandal, Dist. Ahmedabad being survey nos. 439 & 535. It is alleged in the said complaint that the complainant stays at Ahmedabad and on inquiry about the status of land and it came to light that his name along with his sisters has been deleted from the revenue records. It further appears that thereafter revenue proceedings were initiated by the complainant being RTS Appeal No. 373 of 2009 wherein it appears from the record that applicants and opponent no.2 complainant have settled the dispute. It further appears from the record that the complaint being M. Case No. 5 of 2009 came to be filed by opponent no.2 before the Court of JMFC, Viramgam and by order dated 17.9.2009 the said Court ordered for inquiry as contemplated u/s. 156(3) of the Code. However, no further steps have been taken and it appears from the record that as submitted by the learned Counsel for the parties as well as learned APP that no report has been submitted.

(3.) THIS Court (Coram : Mr. Justice K.M. Thaker) vide order dated 7.1.2013 passed the following order :