(1.) Heard Shri R.R. Marshal, learned Senior Counsel assisted by Shri Jigar M. Patel, learned counsel for the applicant, Shri Utpal Panchal, learned counsel for opposite party No.1 and Shri D.M. Devnani, learned Additional Public Prosecutor for opposite party No.2 State.
(2.) By means of this application under section 482 of the Code of Criminal Procedure, 1973 (hereafter to be referred to as "the Code"), prayer has been made for quashing of FIR registered as FIR No. 37 of 2012 lodged by opposite party No.1 at Varachha Police Station, District Surat, for the offences under sections 406, 420, 465, 467, 468, 471 and 120B of Indian Penal Code against the applicant as also one Shantaben Gopaldas Khusaldas.
(3.) The present applicant purchased 1/3rd share of Shantaben Gopaldas Khushaldas in the land bearing Final Plot No. 80, T.P. Scheme No.4 measuring 4485 sq.mts along with superstructures standing thereon situated in District Surat, vide registered Sale Deed dated 10.01.2007 for total consideration of Rs.22,00,000/-, which is said to have been paid by three different Demand Drafts mentioned in the Sale Deed. The said Sale Deed was executed by the Power of Attorney of Shantaben Gopaldas Khushaldas. However, later on, Shantaben Gopaldas Khushaldas executed a Deed of Confirmation on 12th July, 2007 in favour of the applicant acknowledging the factum of execution of the Sale Deed dated 10.01.2007 by her attorney and also having received the sale consideration of Rs.22,00,000/-.