Rule. Learned APP, Mr. K. L. Pandya for the respondent No. 1-State of Gujarat and learned Senior Advocate, Mr. B. B. Naik aassisted by learned advocates, Mr. Parthiv Bhatt and Mr. Viral K. Shah for the respondent No.2-original-complainant-Rameshbhai Navadia waive service of notice of rule in all these matters.

2. These applications are filed to quash and set aside the complaint filed by the respondent No.2-original complainant (hereinafter referred to as ' the original complainant' for short) against the petitioners being C.R. No. I-99 of 2014 registered with Umra Police Station, Surat, and all consequential proceedings thereunder.

3. Short facts are that land of survey No.596 admeasuring 1,00,000 sq. yards of the joint ownership of Ganda Govan and Jatha Jairam was divided equally in 1969. In 1989, Gandabhai executed a Power of Attorney, satakhat and possession receipt in favour of Shri Hans Kamal Grover qua his share of 50,000 sq. yards. Shri Hans Kamal Grover executed satakhat in favour of Anil Taneja qua 50,000 sq.yards on 16-5-1989.

3.1 Anil Taneja filed Civil Suit No.702 of 1991 against Shri Hans Kamal Grover and Gandabhai. On 2-7-1999, Shri Hans Kamal Grover executed satakhat on the strength of Power of Attorney of Gandabhai in favour of Smt. Ritaben Nareshbhai Desai i.e. petitioner No.1 handing over possession of 15,500 sq. yards. During 2-7-1999 to 26-10- 1999, petitioners paid Rs. 2,47,95,500/- to Shri Hans Kamal Grover.

3.2 A compromise was arrived at in Civil Suit No.702 of 1991 and decree was passed on 25-10-1999 on the strength of said compromise and permanent injunction was granted. In pursuance of the same, Gandabhai and his family received total consideration from Shri Hans Kamal Grover and handed over all rights stating on affidavit that compromise is acceptable to them. Anil Taneja vested all rights in respect of said land to Shri Hans Kamal Grover.

3.3 However, thereafter, Anil Taneja filed Recall Application No. 40 of 2012 on 5-4-2012 to recall order dated 25-10-1999 passed in Civil Suit No. 702 of 1991. However, said application was rejected on 19-9-2013. Against the said order, Special Civil Application No.14810 of 2013 was filed which was disposed of vide judgment dated 12-8-2014.

3.4 Petitioner No.1 filed application for obtaining NOC from Airport Authority on 3-12-1999. Petitioner No.1 also deposited Rs. 1,23,000/- with GEB for electric connection in 1999. On 19-2-2000, District Development Officer declared the said land as non-agricultural land. Petitioner No.1- original accused No.2 vide Chalan No.20 dated

29-1-2000 paid premium amount of Rs. 2,63,370/- by cheque from Dimple Films Pvt. Ltd. Entry No. 2342 is made in Village Form No. 6 on 31-3-2000 qua NA permission for multiplex cinema and DILR measured the land.

3.5 Consequent upon the death of Shri Hans Kamal Grover on 8-8-2000, though amount was fully paid, sale deed could not be executed by Shri Hans Kamal.

3.6 The petitioners filed Special Civil Suit No. 273 of 2002 for specific performance of agreement dated 2-7-1999. Gandabhai died on 4-3-2005. The petitioners applied for entry in revenue record on 1-9-2007 and Entry No. 4988 was mutated on 2-11-2007 in favour of petitioners. Said entry is not challenged by anyone. Heirs of Shri Hans Kamal transferred all rights in favour of the petitioners by registered Assignment Deed having Sr. No. 13700 on 28-9-2007. Thereafter, Confirmation Deed was also executed on 19-6-2010 and same was registered on 2-7-2010. The petitioners paid stamp duty of Rs.23.00 lakhs.

3.7 On 3-2-2006, a bogus Power of Attorney was executed of heirs of Gandabhai in favour of Babubhai Manjibhai Gabani in which the original complainant-Ramesh Navadia committed fraud and Babubhai Manjibhai Gabani executed sale deed in favour of Ramesh Navadia-original complainant qua 12959 sq.yards of land on 21-11-2006. Pursuant to which, the o