AFSAR MOHD Vs. STATE OF M P

JUDGEMENT

(1.) Petitioners have filed this petition under Section 482 of CrPC for quashment of FIR registered at crime No. 152/2012 at police station Talaiyya, Bhopal on 6.7.2012 against the petitioners for the offence punishable under Sections 420, 467, 468 and 471 of IPC copy of which has been filed alongwith the petition as Annexure P1.

(2.) The brief facts of the case are that respondent No. 2 complainant lodged a frivolous FIR at police station Talaiyya subject matter of which is akin to the facts of the civil suits pending between the parties in which the veracity of the documents alleged to be forged in the FIR has to be adjudged after recording evidence of the parties. The FIR has been got registered in order to undue pressurize the petitioners to either get their dismissed or to get it compounded under pressure of criminal prosecution. Petitioners No. 3 and 4 filed a civil suit No. 253A/12 on 31.1.2012 against a number of defendants including the minor sons of the respondent/complainant for declaration of title and permanent injunction. Copy of the plaint has been filed with the petition as Annexure P2. The suit is based on an oral Hiba of the suit property made in favour of the plaintiffs by Akhtar Mohd. Khan in the year 1996 and confirmed by a memorandum of Hiba dated 23.4.1994. The copy of the written statement filed on behalf of the respondent/complainant is Annexure P3.

(3.) The minor sons of respondent/complainant have also filed a civil suit No.38A/2010 for declaration of title of permanent injunction with regard to suit property against Maimoona Bi and Wasim Mohd. This suit is also pending in the Court of XIV Additional District Judge, Bhopal. Copy of plaint of that suit is filed with the petition as Annexure P4.