B.N. Karia, J.

1. The applicants-original accused have preferred this Application under Section 482 of the Code of Criminal Procedure {"Cr.P.C." for brevity} for quashment of the complaint being, Criminal Case No. 1864 of 2008, registered in the court of Judicial Magistrate, First Class, Mansa, District Mahesana for the alleged offence punishable under Sections 406, 418, 420, 468, 471, 34 and 120B of the Indian Penal Code and consequential proceedings arising therefrom.

2. The facts leading to filing of the present application in nutshell are as narrated hereunder:

2.1 That the applicants No. 1 and 2 are the real brothers of the respondent No. 2-complainant, and whereas, the applicant No. 3 is her nephew. They are six sisters and four brothers of deceased Shri Chunilal Natthubhai Shah. During his life time, out of his own resources, their father Shri Chunilal N. Shah acquired certain properties at Mansa as well as Mumbai. The father of complainant i.e., the respondent No. 2 herein passed away in the year 1948. It is the case of the complainant that though she being a legal heir of her deceased father, alongwith the applicants No. 1 and 2, she had not been given legal share, and therefore, the respondent No. 2 herein issued a notice on 07th July 2008 to the applicants No. 1 and 2. As the applicants No. 1 and 2 gave reply to the notice and she came to know that her brothers had mutually distributed the properties amongst themselves under a family arrangement and her legal share in the said properties has not been given to her, and therefore, she had alleged that the present applicants-accused have committed an offence of cheating, and hence, the complaint.

2.2 That thereafter, the complainant obtained a copy of property card from the office of City Surveyor, Mansa and came to know that the property situated at Mansa has been mutated in the names of her four brothers. That, the brother of the complainant viz., Jayantilal Chunilal (since deceased) had got the said property mutated in the names of her four brothers jointly on the basis of an affidavit. That, on 04th May 1974, by mutual consent and under family arrangement, the applicants No. 1 to 3 had distributed the said property in their names without consent of five sisters. That, on 27th August 1971, the father of the applicant No. 3 passed away, and therefore, applicant No. 3 and his mother got the property of Mansa transferred in their names on the Government record. Moreover, the deceased brother of the complainant viz., Jayantilal Chunilal has sold his property on 16.05.1975 and the complainant and her other sisters are deprived of their legal shares. In this regard, the complainant lodged a private complaint against the present applicants before the learned Judicial Magistrate, First Class, Mansa, Dist: Mahesana, being inquiry Case No. 57/2007 for the offence punishable under sections 406, 418, 420, 468, 471, 34 and 120B of the Indian Penal Code. The learned Judicial Magistrate, First Class, Mansa has recorded verification on oath of the complainant and ordered to register the complaint and kept for Court Inquiry under section 202 Cr.P.C. After examining the said complainant on oath vide Exhibit-4 on 15th November 2008, the Court passed an order issuing process under section 204 Cr.P.C. against the accused-applicants herein for the offence punishable under Sections 406, 420, 467, 471 and 114 of the Indian Penal Code, and hence, this Application for quashing the impugned complaint.

3. Heard learned advocate Mr. Bharat K. Dave appearing on behalf of the applicants; learned advocate Mr. S.A. Baqui appearing on behalf of the respondent No. 2 and learned APP Mr. KP Raval appearing on behalf of the respondent No. 1-State.

4. Learned advocate Mr. Bharat K. Dave appearing on behalf of the applicants submitted that if at all there be any grievance of the complainant against the applicants herein, the same prima facie appears to be related to dispute in respect of obtaining leg