SWAPNIL TELANG Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition, under Section 482 Cr.P.C., 1973 has been filed to invoke the extra ordinary jurisdiction of this Court and to quash the FIR, at Crime No. 179/2015, lodged at P.S. Ratibad, District Bhopal.

(2.) Briefly stated the facts of the case are that respondent No.2 lodged a report against the petitioner Swapnil Talang, the President Hema Grah Nirman Sahkari Samiti, Maryadit Neelbad, Bhopal and one Vijay Singh Maharana Sarpanch and Govind Meena, Secretary of Gram Panchayat, Neelbad, alleging that the accused persons have forged the maps and shifted the Septic Tank, Temple, Committee Hall and sold out the plots illegally. It is also contended that the Plot Nos. 177-250 have been sold illegally and the accused persons gained benefit by forging layout plan.

(3.) On behalf of the petitioner Swapnil Talang, it is contended that it is purely a civil dispute and there is no question of any wrongful gain. The FIR has been lodged by respondent No.2 on false grounds. The plots have been allotted and construction, it has been approved by the members of the society as per the sanctioned map. The consent of the members were obtained before allotment of the houses. There is no illegality or irregularity in the entire construction has been made in accordance with the map. There was no undue benefit as alleged by the complainant. The plaintiff is not a member of the society, therefore, he has no locus to challenge the affairs of the society. The plaintiff is the son of Smt. Shanti Budhwani. Under the scheme Plot No. 16, was purchased by Jaideep Agrawal, a member of the society. The same plot was purchased by Smt. Shanti Badhwani from Jaideep Agrawal vide registered sale-deed dated 29.10.2011. The complainant, if aggrieved, may surrender her plot to the committee and leave the premises as per the terms and conditions of the society, if it is not suitable for him.