(1.) The present petition is filed for the purpose of seeking quashing and setting aside the FIR being registered as C.R. No.I3/2013 with the Vapi Town Police Station.
(2.) The petition is filed by the petitioner on the premise that the petitioner has purchased Plot No.7 from its original owner on 17/05/2012 by executing saledeed and with a view to harass, the original complainant is trying to disturb the possession of petitioner over the landinquestion and it is the say of the petitioner that he is bonafide purchaser of the land in question and still respondent no.2 has filed the complaint against the petitioner and on that premise, the petitioner has presented this petition invoking inherent jurisdiction under section 482 of the Code of Criminal Procedure.
(3.) On the basis of material on record of the petition, it is found that the respondent no.2 has filed an F.I.R. before the Vapi Town Police Station on 03/01/2013 by alleging that one plot of land admeasuring 1371.75 sq.ft. situated at VillageDungra was originally held by the father of the petitioner. On 07/06/2002 with respect to the said plot, a transaction came to be entered into from one Abdul Razak Chaudhari for a sum of Rs.65,000/ and in response thereto, Rs.11,000/ was paid by way of Bana amount and an agreement came to be deduced in writing on a stamp paper. During that period of time, subsequently on 06/06/2005, Abdul Razak Chaudhari at his native expired and therefore, the document could not possible to be executed. However, the amount which was left out by way of consideration was given on 11/05/2012 and it was assured that proper documentation would be executed. Subsequently, despite the aforesaid fact, on 18/05/2012 it was noticed by the complainant that behind the back of the complainant one Abdul Salam Jayeshmohmmed Chadhari had purchased the land by way of saledeed the very portion of plot from Abdul Razak Chaudhari and it has been revealed that despite the fact that the father Abdul Razak died on 06/06/2005 at his native, the accused persons in connivance impersonified the deceased father and by giving such false impression executed a saledeed on 17/05/2012 and got it registered at Sub Registrar Office, Pardi.
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