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2014 DIGILAW 527 (GUJ)

MOHMAD SABIR MOHMAD TAMBUWALA v. STATE OF GUJARAT

2014-04-16

MOHINDER PAL

body2014
JUDGMENT : 1. This is a petition under Section 482 of Criminal Procedure Code for quashing of the FIR registered against the present petitioner, namely, Mohmad Sabir Mohmad Tambuvala. 2. The facts in nutshell for disposal of this case are that FIR came to be registered before Chowk Bazar Police Station being Crime Register No.I-112/2009 for the alleged offence made punishable under Sections 463, 464, 465, 467, 468, 471, 406, 420, 506(2) and 114 of the Indian Penal Code. 3. After registration of the FIR, the present petitioner approached this Court and anticipatory bail was granted. After which, the petitioner is on regular bail. 4. As stated by the petitioner, his other 4 brothers constructed the plot and each brother got one floor. The 4th floor went to the husband of the complainant. It is stated that on 24.9.1990, the husband of the complainant executed the release deed but failed to vacate that premises and simultaneously, he took the possession of other building which was joint commercial property of the family taken on rent. 5. It is the case of the petitioner that during the life time, the said brother has never challenged the release deed, however, after his death for the first time, in the year 2008, his wife i.e. the present complainant, moved the complaint against the petitioner and his other brothers. 6. It is submitted that the present complainant, nowhere connected to the floor which has been purchased by the present petitioner from his other brother as that floor is other than the 4th floor which was originally alloted to the husband of the complainant. 7. After notice, the complainant was represented by Mr. R.S.Sanjanwal, who has failed to turn up when the case is taken up. 8. I have heard learned counsel for the petitioner, learned APP and are gone through the file. 9. It is not in dispute that the floor which has been purchased by the present petitioner is other than the floor which was originally alloted to the husband of the complainant. It is also apparent from the file that civil suit has been filed by the present complainant which is pending in the Court and during he pendency of that proceedings, the present complainant tried to get her name entered into Municipal record and for which, separate revenue proceedings remained pending. It is also apparent from the file that civil suit has been filed by the present complainant which is pending in the Court and during he pendency of that proceedings, the present complainant tried to get her name entered into Municipal record and for which, separate revenue proceedings remained pending. These proceedings were finally disposed of by this Court vide its order dated 27.8.2013 in favour of the present petitioner and a cost of Rs.10,000/-has been awarded. 10. Once the relinquish deed executed by the husband of the present complainant is not challenged in any Court and the floor, for which the dispute has been raised, was never alloted to the husband of the complainant. No ground is made out for initiating the criminal proceedings against the present petitioner. 11. Resultantly, this Criminal Misc. Application is allowed. FIR and the subsequent proceedings in this case are ordered to be quashed and set aside. Rule made absolute. Bail bond and surety bond stands discharged.