MOHANBHAI GIRDHARBHAI SHERTHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.Pratik Shah for Mr. Deep Vyas, learned Advocate for the applicant, Mr. D.A. Sankhesara, learned Advocate for respondent no.2 and Ms. Moxa Thakkar, learned APP. for respondent-State.

(2.) BY way of this application under Article2 226 and 227 of the Constitution read with section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code' for the sake of brevity) the applicant has prayed for quashing and setting aside the complaint being FIR/M Case No.4 of 2012 registered with Dhoraji Police Station for the alleged offences punishable u/Ss. 465, 467, 468, 471, 406 and 420 of the Indian Penal Code (IPC) which is also registered as Criminal Inquiry Case No. 10 of 2012 before the Court of Addl. JMFC, Dhoraji.

(3.) IT is alleged in the FIR/M Case that by utilizing a stamp paper of hundred rupees the applicant got prepared bogus document on the basis of which the properties belonging to, first informant were attempted to be taken over by the applicant. It is therefore alleged that the applicant has committed the said offence. Mr. Pratik Shah for the applicant has taken this Court through the factual matrix arising out of this application. Mr. Shah pointed out that in fact the applicant and first informant are real brothers and have joint properties in the form of agricultural field and only in order to get the electricity connection the document in question was executed with consent and with knowledge of respondent no.2 - the first informant. Mr. Shah for the applicant further pointed out that considering the relations between first informant and the applicant and because of intervention of other family members the misunderstanding which existed between the two brothers has been cleared and the parties have amicably resolved the dispute.