HANSRAJBHAI KARAMSHIBHAI THUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed seeking quashing of an FIR being C.R.No.I-271 of 2016 registered with Pradhyumannagar Police Station, Rajkot for the alleged offences punishable under Sections 406 and 420 of the Indian Penal Code against the applicants.

(2.) Mr. Bhunesh C. Rupera, learned advocate for the applicants, drawing attention of the Court to the contents of FIR, submitted that for alleging offence as aforesaid against the applicants, it is averred that after executing an agreement to sell and obtaining Rs.25,00,000/- in cash as reflected from it, the applicants have failed to execute the sale deed of the land agreed to be sold to the complainant. Thus, it is alleged against the applicants that they have committed an offence under Sections 406 and 420 of the Indian Penal Code.

(3.) He has further submitted that not only an agreement to sell for land in question as alleged is executed, on the very same day, a mortgage deed also came to be executed by the applicant No.2 herein in favour of complainant. He has submitted that not only that even will is also got executed from applicant No.2 on that very day stating therein that he has already received the consideration in lieu of the sale of the very property to the first informant with a condition in it that unless applicant No.2 repays the amount, he has no authority to even change his said will till his lifetime. He has further submitted that at best the very fact that all three documents are executed on one day i.e. 30.05.2014, it presupposes that there may be a transaction advancing any amount to the applicants, but at any rate they have not committed any offence as alleged. The said submission is without prejudice to the right of accused as claimed by him.