1. The present application has been filed by the applicants/original accused under Section 482 of the Code of Criminal Procedure (for brevity “CrPC) praying to quash and set aside the complaint, being Criminal Inquiry Case No. 17 of 2011 registered with the court of learned JMFC, Radhanpur, which is culminated in FIR registered with Radhanpur Police Station for the offence punishable under Section 406, 420 and 114 of the Indian Penal Code.

2. Brief facts of the case are that in pursuance of a deed of mortgage dated 25th March, 1963, the father of the complainant namely Koli Kama Mehta, mortgaged a piece of agricultural land, bearing revenue survey no. 193/2 admeasuring acre 8 guntha 25 of village Dev, Taluka: Radhanpur in favour of the father of the applicants no. 1 and 2 and grand father of the applicants no.3 and 4 namely Ramabhai Hemrajbhai Patel for Rs. 800/-. That, the actual physical possession of the mortgaged land was handed over on the date of execution of the aforesaid deed and as per such deed, six years period was prescribed for repayment and it was further stipulated that on the repayment of mortgaged money and other amounts, the mortgagee will redeem the mort