BHIKHABHAI GELABHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Pranav Trivedi, learned APP waives service of Rule on behalf of the respondent- State.

(2.) 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-184/2015 registered with Aslali Police Station, Ahmedabad (Rural) for offences punishable under Sec. 465, 467, 468, 471, 120B of the IPC and to terminate all the subsequent proceedings in connection with the FIR.

(3.) Ms. Ayushri Thakkar, learned advocate with Mr. Maulik Nanavati for the petitioner states that the petitioner is permanent resident of Ahmedabad and is engaged in the activity of farming and selling dairy products. Ms. Thakkar submits that Manubhai Dahyabhai Shah owned land bearing plot no.43, admeasuring 1021 sq. yards (853.67 sq. mtrs.) in Azad Nagar Society being land bearing survey nos.216, 217, 267 to 270, 278, 280 to 286, 291, 293, 294, 472 to 477 and 490 to 496, situated in the sim of Village Fatehwadi, Taluka Dascroi, District Ahmedabad. Ms. Thakkar submits that Azadnagar Plot Holder Association was registered under the Bombay Non-Trading Corporation and had issued share certificate to Manubhai Dahyabhai Shah in his capacity as registered share holder of the association and owner of the land. Ms. Thakkar states that the share certificate dtd. 10/8/1989 and the consent letter given in favour of Manubhai Dahyabhai Shah to carry out the construction over the said plot of land using the services of a common architect appointed by the association reflects his title over the property. 3.1 Ms. Thakkar further submits that Manubhai Dahyabhai Shah sold plot no.43 of the society to the petitioner which is subject land of the FIR by sale deed duly registered with the office of the Sub-Registrar, Ahmedabad (4-Paldi) on 8/6/2009. The total sale consideration of Rs.4,50,000.00 was duly paid by the petitioner and accepted by the seller. Ms. Thakkar submits that the very said instrument of sale recorded that vacant and peaceful possession of the land was handed over to the petitioner and the petitioner had taken possession of the land. 3.2 Ms. Thakkar further states that thereafter, the petitioner sold subject land - plot no.43, admeasuring 1021 sq. yards to the complainant - Chetanbhai Jashubhai Patel for total consideration of Rs.4,61,000.00 on 15/9/2009. The sale deed was duly registered with the office of Sub-Registrar, Ahmedabad (4-Paldi) and after receiving the entire sale consideration, the present petitioner had handed over vacant and peaceful possession of the land and the said factum of handing over the vacant and peaceful possession is reflected in the sale deed and the recital has not been disputed at the time of registration of the sale deed. Ms. Thakkar further submits that the FIR itself reflects the fact that the vacant and peaceful possession of the land was handed over to the complainant.