1. The petitioners, who have been named as accused no. 1 & 2 in FIR being C.R. No: I-16/2010 registered with DCB Police Station, Surat City, on 28/3/2010 for the offences punishable under section 420, 465, 467, 471 read with section 114 of Indian Penal Code, have approached this Court under provision of Section 482 of Criminal Procedure Code, 1973, praying for quashing of the FIR on the grounds mentioned in the memo of the petition.

2. The facts in brief as narrated by the petitioners in the memo of the petition deserve to be set out as under in appreciating the rival contentions of learned advocates for the parties.

2.1. The petitioners and the complainant jointly as partners entered into an agreement of Satakhat (Agreement to Sale) dated 24/6/1997 with Mukeshbhai Balwantbhai Patel and Nayanbhai Balwantbhai Patel for purchasing land bearing Revenue Survey No. 189, Block No. 118 of village Utran, taluka Choryasi, admeasuring 1740 sq. meter. After execution of the said satakhat as alleged by the petitioners, the complainant relinquished his 25% of share in the proposed purchase of land. The complainant alleged that the agreement for relinquishment was forged by the petitioners and on that basis the sale transaction between the petitioners and original land owners was sough to be assailed. The complainant has also filed Regular Civil Suit No. 196 of 2001 against the present petitioners and the present petitioners have also filed Regular Civil Suit No. 72 of 2001 against the complainant. The learned trial court granted interim relief in favour of the complainant in both the civil suits hence the petitioners preferred appeal from order and writ petition challenging the same in this court. This Court while disposing of those matters recorded its prima facie finding in respect of deed of relinquishment, alleged to have been executed by the complainant, to be a forged document and the complainant who had in fact filed earlier criminal complaint in the Court of Learned JMFC against the present petitioners as well as five others in the same set of facts as being Inquiry Case No. 15 of 2002, wherein learned Magistrate had issued inquiry, chose to lodge another criminal complaint in form of FIR only against present petitioners on the same facts on which the earlier criminal complainant was filed being Criminal inquiry case no. 15 of 2002, hence the present petitioners preferred this petition under section 482 of Criminal Procedure Code for seeking quashing of the said FIR.

2.2. The original complainant – respondent no.2 has lodged complaint to the effect that the complainant and the present petitioners, jointly in partnership purchased land bearing Survey No. 189, Block No. 118 admeasuring 1740 sq. meter from its original owner on payment of Rs.17.00 lakhs. This document was made on 24/6/1997. However the accused no. 1 & 2 in year 1999 forged document and deed of relinquishment so as to deprive the complainant of his legitimate share in the land and on that basis had the land transferred in their own name and thereby committed offence punishable under section 420, 409, 467, 468, 471 and 120-B of Indian Penal Code. The complainant has further alleged in the complaint that he had paid his share of sale price and as the possession was handed over, he was residing on the land and the land is in his possession. The complainant has further stated in his complaint that the accused no.1 filed proceedings in Civil Court being Regular Civil Suit No. 72 of 2001 on 18/3/2001 and complainant also filed proceedings being Regular Civil Suit No. 196 of 2001 on 23/5/2001. The accused produced sale deed executed in their favour by original owners in the proceedings of aforesaid civil suit and hence complainant came to know that he had been duped by the accused no.1 & 2 as he received a xerox copy of deed of relinquishment wherefrom it was found that he was shown to have relinquished his right over the property in favour of the accused. He has ave