J.B. Pardiwala, J.

1. Rule. Mr. A.N. Shah, the learned APP, waives service of notice of rule for and on behalf of the respondent No. 1 - State of Gujarat. The respondent No. 2 - original first informant, although served with the notice issued by this Court, yet not chosen to appear either in person or through an Advocate. By this application under Section 482 of the Code of Criminal Procedure, the petitioners-original accused Nos. 1 and 3 pray for quashing of the First Information Report being C.R. No. I-98 of 2014 registered with the Chowk Bazar Police Station, Surat, for the offence punishable under Sections 406, 420, 120-B read with Section 34 of the Indian Penal Code.

2. The case made out by the respondent herein in his First Information Report may be summarized as under:-

3. The petitioner No. 1 herein and the original accused No. 2 were the lawful owners of a property bearing Entry No. 1194 admeasuring 87.97.42 sq.mtrs. and Entry No. 599 admeasuring 7.52.03 sq.mtrs. situated in the City Ward No. 11, Surat, Taluka & District Surat. The said property had been given on rent past couple of years and the legal heirs of the contractual tenant, viz. Maheshbhai Purshottambhai, R