RAJESH CHOWKSEY Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C. for quashing the F.I.R. registered at Crime No. 364/2012 at police station Kotwali, Distt. Shivpuri, for the offence punishable under Section 420 of I.P.C.

(2.) The brief facts of the petition are that complainant Nitin Chowksey has sent a complaint to S.P.Shivpuri, alleging that his father Suresh Chowksey and Bhagwan Lal Chowksey, who is the father of the petitioner were real brothers. They were jointly running the business and acquired property jointly which also includes land bearing Survey No.1038 situated at Tukra No.2 Shivpuri which was purchased in the name of petitioner Rajesh Chowksey S/o Late Shri Bhagwan Lal Chowksey. On 23.04.1995 father of the petitioner Bhagwan Lal Chokse died and after his death there was an oral partition on 21.10.2006 between the parties. As per the partition, half portion of the land Survey No.1038 has fallen in the share of Suresh Chowksey and half portion has fallen in the share of Rajesh Chokse S/o Late Bhagwan Lal Chowksey. Rajesh Chowksey filed a Civil Suit bearing No. 6A/08 in the Court of Third Additional Sessions Judge, Shivpuri. In the Civil Suit the parties have compromised on 30.11.2008 and as per the compromise half of the share in the aforesaid land has fallen in the share of Suresh Chowksey and remaining half share has fallen in the share of heirs of Late Bhagwan Lal Chowksey. On 23.02.2009 Suresh Chowksey died. On his death complainant succeeded his property and when he contacted the Patwari, it was found that Rajesh Chowksey has executed the sale deed in favour of Smt. Saroj Vyas. Notice was given through Advocate that Rajesh Chowksey was not having any legal right to sale the whole property, at the most he was entitled to sale only his half share, thus by selling the share of the complainant, the petitioner has cheated the complainant. On the basis of aforesaid application inquiry was conducted and thereafter Crime No.364/12 under Section 420 of I.P.C. has been registered at Police Station Kotwali, Shivpuri against the petitioner. Being aggrieved the petitioner has preferred this petition.

(3.) It is submitted by the learned Counsel for the petitioner that disputed land was purchased by the petitioner and his name was also mutated in Revenue papers. The petitioner was in possession of the aforesaid land. It is further submitted that there was no registered partition deed and the petitioner was sole owner. Therefore, he is entitled to sale the land. The disputed land is self earned property of the petitioner. No other family member has any right over this property. It is further submitted that dispute is of civil nature and and continuation of proceeding in Crime No.364/2012 is an abuse of process of law and liable to be quashed.