FENILBHAI PANKAJBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Raxit Dholakia, learned advocate waives service of Rule for the respondent no.2-Complainant and Ms.Moxa Thakkar, learned APP waives service of Rule for the respondent no.1-State.

(2.) The applicant by way of this application under Section 482 of the Code of Criminal Procedure, 1973 has prayed for quashing and setting aside the First Information Report, registered as C.R.No.I-196 of 2017 with Kamrej Police Station, Dist: Surat, for the alleged offences under Sections 406, 420, 120B and 114 of the Indian Penal Code.

(3.) It is alleged by the respondent no.2 - Complainant that one Bhagabhai R.Patel, who had an ancestral land at Village Alura, Tal:Kamrej, Block No.100, Khata No.63 about 9821 Sqr.Meters of land, which was agreed to be sold to the complainant and a registered Banakhat was executed in favour of the complainant by Bhagabhai Patel and other family members. It is alleged that on 21.07.2011, it was agreed that the land was to sold for total consideration of Rs.64 Lakhs out of which Rs.10 Lakh was accepted from him and registered Banakhat was executed in his favour before Sub Registrar, Kamrej. It is stated that at the time of execution of Registered Banakhat signatures were made before Sub Registrar Office in presence of the witness, and thereafter, it was agreed to perform sale deed in his favour.