ANIL CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have preferred this Miscellaneous Petition for quashing of FIR No.264/2021 dtd. 5/8/2021 registered at Police Station, Chopasani Housing Board for the offence under Ss. 420,447, 467, 468, 471 and 120-B IPC.

(2.) Factual matrix of the case are that a complaint was lodged on 8/7/2021, by Shri Prem Prakash Mirdha, Power of Attorney of respondent No.2, which was sent at the Police Station under Sec. 153(3) Cr.P.C. for registration of FIR. FIR was registered on 5/8/2021. The allegation in the FIR is that father of the complainant and accused No.2 - Bhanu Prakash Mirdha were real brothers. Father of the complainant expired in 1993. After sad demise of Ram Prakash Mirdha and his wife Smt. Veena Devi, Smt. Jyoti Mirdha and Hemsweta Mirdha have become their legal heirs. On 23/5/1988, Bhanu Prakash Mirdha sold Khasra Nos.103 and 106, the total area being 4 bighas and 17 biswa, situated at Village Suthala, Tehsil and District Jodhpur to one Shri Bhanwar Lal. Bhanu Prakash Mirdha had no authority to sell half of the share of Ram Prakash Mirdha. The accused moved an application with the Jodhpur Development Authority (hereinafter referred to as "the JDA") in the year 2017 for changing of the land use. An acceptance letter dtd. 26/1/1993 alleged to be written by Ram Prakash Mirdha was also filed wherein, Jagdeesh Sihag and Govind Ram Phiroda were the attesting witnesses. The complainant was not aware that accused has grabbed the property and it is only in the year 2018, when a suit for partition was filed, this fact came to the knowledge of the complainant. It is also mentioned that conversion order dtd. 26/6/2018 was challenged before the Divisional Commissioner, wherein a status-quo order was passed. A suit under Sec. 53 of the Rajasthan Tenancy Act was also filed and a preliminary decree has been passed on 2/3/2021 for partition of the disputed property by meets and bounds.

(3.) It is contended by learned counsel for the petitioners that the petitioners are bonafide purchasers, who have purchased the property from Shri Bhanwar Lal, who has purchased the property from Ram Prakash Mirdha by a registered sale deed dtd. 23/5/1988. It is also contended that the registry is of the year 1988 and the present FIR has been lodged after an inordinate delay of 33 years. It is further contended that in the partition suit filed by the complainant in the year 1999, it was mentioned that the disputed property has been sold and that it cannot be partitioned and that the purchasers are in possession. It is also contended that pattas were issued in favour of the petitioners by the JDA in the year 2017.