KAMLESHBHAI VASUDEVBHAI RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as " Cr.P.C .") for quashing the FIR bearing CR no.I-125/2016 registered with Chandkheda Police Station, Ahmedabad for offences punishable under Ss. 447 , 506(1) , 380 , 114 of the IPC and to terminate all the subsequent proceedings in connection with the FIR.

(2.) Mr. Desai, learned advocate for the applicant has made a prayer for quashing the FIR on the ground that there is no case in the impugned FIR to constitute any offence against the applicant and it is absolutely a civil transaction, where the present applicant and his wife had entered into a registered agreement of sale dtd. 7/10/2016 with Mr. Amit Doshi and Mrs. Seema Doshi, owner of the shop property, situated at Office no.1, Shri Balaji Complex, Motera, Ahmedabad. The total consideration of Rs.35,00,000.00 was paid and before executing the agreement of sale, token amount of Rs.5,00,000.00 was paid by the applicant by way of cheque and further the amount of Rs.2,00,000.00 was paid and on 24/10/2016, the possession agreement was executed between the applicant and vendor of the office. Mr. Desai submits that on 7/11/2016, the applicant had paid maintenance amount and light bill. A public notice was given in local Gujarati newspaper on 26/10/2016 inviting the objections towards issuance of title clearance certificate, while no objection was ever raised by any of the person and therefore, on 29/10/2016, the owner of the property - Mr. Amit Doshi and Mrs. Seema Doshi executed a registered sale deed in favour of the complainant. Mr. Desai submits that it would be now the issue of complainant, whether he is bonafide purchaser and whether he had any right, title or interest on the property. Mr. Desai submits that on 23/11/2016, the Suit for specific performance of the contract was filed before the learned Principal Senior Civil Judge, Gandhinagar being Special Civil Suit no.218 of 2016 against the vendor and the subsequent purchaser who is complainant.

(3.) The impugned FIR dtd. 1/12/2016 is under the premise that on 22/11/2016, the applicant was at the office situated at Shri Balaji Complex and at that time, the complainant came to his office along with other persons and started quarreling with the applicant, at that time, by dialing 100, the police was called. Mr. Desai submits that the dispute was resolved and on the very same day, the applicant had given a complaint to the police officer who had come on the spot. Countering the allegations made in the FIR, Mr. Desai submits that the facts in the FIR do not suggest any illegal act or any criminality. The only fact, as could be culled out, is asking the complainant to leave the office property.