AKASH A.CHAUDHARY Vs. STATE OF GOA

JUDGEMENT

(1.) The Petitioners have filed the present petition under Article 226 of the Constitution of India r/w Sec. 528 of Bharatiya Nagarik Surakhsa Samhita, 2023 r/w Sec. 482 of the Criminal Procedure Code, 1973 seeking quashment of the FIR bearing No. 34/2023 dtd. 23/03/2023 based on complaints filed by Respondent Nos. 4 and 5. The F.I.R accuses the Petitioners and 12 other persons of offenses punishable under Ss. 467, 466, 471, 472, 473, 474, 475, 476 and 120-B of the Indian Penal Code, 1860, related to forgery and conspiracy.

(2.) The Petitioners were interested in purchasing property in the State of Goa for the purpose of real estate development. The Petitioners were approached by the real estate agent informing about the availability of property for sale under survey bearing No. 444/8 of Village Panchayat, Anjuna, Bardez, North Goa. The Petitioners after going through the documents arrived at the conclusion that the title is clear and therefore purchased the said property for a total consideration of Rs.2,00,00,000.00 (Rupees Two Crores only). Accordingly, the Deed of Sale came to be executed and registered before the Sub Registrar of Bardez, Government of Goa, on 24/01/2019. The sellers included Mr. Alcantro Dsouza and four others, along with a confirming party, Mr. Rohan Harmalkar, who had earlier entered an Agreement for Sale dtd. 11/12/2018.

(3.) After a lapse of more than one year from the execution of the Deed of Sale, the Petitioners learned that a Regular Civil Suit bearing No. RCS/12/2021/C was filed before the learned Civil Judge Senior Division at Mapusa, Goa by Respondent Nos. 4 and 5 seeking declaration, permanent injunction and cancellation of Deed of Sale executed by the Petitioners (herein after referred to as civil suit). The Respondent Nos. 4 and 5, inspite of the fact that the dispute was of civil nature filed complaints dtd. 13/08/2022 and 15/11/2022 before the Police Incharge of Special Investigation Team (SIT) who is Respondent No. 2, herein. Based on the said complaint, the Respondent No. 2 registered an FIR bearing No. 34/2023 against the Petitioners as well as 12 other persons.