Vibha Kankanwadi, J.

1. Present petition has been filed under Article 226 of the Constitution of India as well as by invoking inherent powers of this Court under Section 482 of the Code of Criminal Procedure, for quashing the first information report bearing Crime No. 98/2014, dated 03.11.2014, registered with Kallam Police Station, Kallam, District Osmanabad, for offence punishable under Section 39 of the Maharashtra Money Lending Act, 2014.

2. Petitioner no. 01 is the husband of petitioner no. 02. Petitioner no.01 is a businessman. He runs agricultural shop in the name and style as Sagar Traders at Kallam. Respondent no.03, Shamshoddin, was also having an agricultural shop by name Irfan Krushi Seva Kendra in the same village. He used to purchase seeds and fertilizers from petitioner no.01. Cordial relations developed between petitioner no.01 and respondent no.03. Wife of respondent no.03, by name, Shakilabi was the owner of agricultural land bearing Gut No. 248 admeasuring 01 Hectare 20 R, situated at village Moha, Taluka Kallam, District Osmanabad. She wanted to sell the said property and, therefore, she entered into a sale deed in the name of petitioner no.02 on 10.09.1993 for a cosideration of Rs. 20,000/. It was a registered sale deed. Possession of the suit property was handed over to petitioner no.02 on the date of sale. Mutation entry bearing No. 1193 was effected on 06.12.1993 in favour of petitioner no.02. Since the date of sale, either respondent no.03 or his wife had no concern over the said land. Respondent no.03 used to take goods from petitioner no.01 on credit. Sometimes he used to pay the amount by cash or by way of cheque. However, later on there were huge dues which respondent no.03 was not willing to pay. Petitioner no.01 was insisting upon the payment. But in order to avoid the payment, respondent no.03 started making complaints against the petitioners, stating that the transaction of sale was, in fact, a security document but, in fact, he had taken money as loan. After the said complaint was made to the District Deputy Registrar, Cooperative Societies, Osmanabad and Assistant Registrar, Cooperative Societies, Kallam, respondent no.02 issued notice to the petitioners on 18.03.2008. Petitioner no.01 appeared and submitted his say. The enquiry went from 2008 to 2010 for final hearing, but again in the year 2013, respondent no.02 had recorded statement of respondent no.03. According to him, he has paid some of the amount and some amount is remaining towards the goods which have been taken on credit.

3. In the meantime, petitioner no.02 had filed Regular Civil Suit No. 49 of 2008 before Civil Court against respondent no.03, which came to be allowed and respondent no.03, his wife and others were restrained from interfering with the peaceful possession of petitioner no.01 over the suit property. The said decree is challenged by respondent no.03 before District Judge, Osmanabad, in R.C.A. No. 284 of 2014, which is still pending. During the pendency of the said appeal, an application came to be filed by the petitioners under which they had sought police protection for harvesting crop from Gut No.284. It was granted and police protection was given. Now, after lapse of six years, respondent no.02 has filed FIR against the petitioners contending that the transaction was a money lending transaction. It is stated that the respondent no.02 has not followed the legal pronouncements by this Court. Civil Court had already adjudicated the issue and, therefore, the Assistant Registrar ought to have declined to exercise his jurisdiction. On these grounds, the petitioners pray for quashment of the FIR.

4. Respondent no.02 i.e. Assistant Registrar, Co-operative Societies, Kallam, District Osmanabad, has filed affidavit in reply. It is stated that during the course of enquiry, he has recorded statements of adjoining owners of the land. They have stated that the crop was taken by respondent no.03 and he has come to the con