IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. SUPEHIA, J.
Ritaben @ Ramaben W/O Karnabhai Solanki – Applicant
Versus
State of Gujarat – Respondent
R/Criminal Misc. Application No. 9885, 10534, 10612, 10651 of 2016, R/Special Criminal Application No. 10140, 5859 of 2016
Decided On : 08-01-2019
Criminal Procedure Code, 1973 – Section 482 – Seeking quash of FIR – Offence of extortion and cheating – Criminal intimidation – Purported act of applicants in executing various powers of attorney and settlement deeds, amounts to an attempt to put his title to plot of land in jeopardy – Held, Mere expression of words, without any intention to cause alarm, would not encompass the ingredients of section 506 IPC – There is no destruction, defacing, attempt to cancel, destroying or defacing, or secreting or attempt to secrete any document of the first informant – Criminal proceedings quashed [Para 10, 11]
Facts of the Case:
petitioners have executed power of attorney and settlement deeds with third parties and also have received some consideration and thus committed the offences as stated in the FIR - Seeking quash of FIR – Offence of extortion and cheating – Criminal intimidation – Purported act of applicants in executing various powers of attorney and settlement deeds, amounts to an attempt to put his title to plot of land in jeopardy –
Finding of Court:
Mere expression of words, without any intention to cause alarm, would not encompass the ingredients of section 506 IPC - There is no destruction, defacing, attempt to cancel, destroying or defacing, or secreting or attempt to secrete any document of the first informant
Result: Allowed
1. Since the present group of applications arise out of the same F.I.R., the same is decided by a common judgment.
2. The present applications have been filed by the applicants-original accused under Section 482 of the Code of Criminal Procedure seeking quashing and setting aside the impugned FIR being No.I-124 of 2016 registered with Gandhigram Police Station, Dist: Rajkot.
3. The F.I.R. filed against the accused herein is the same hence, the facts of the Criminal Misc. Application No.9885 of 2016 are incorporated herein.
3.1 The contents of the impugned FIR reveal that the first informant submitted an application dated 02.03.2016 with D.C.B. Police Station pursuant to which he was summoned. It is mentioned that that a piece of land bearing Survey No.134 of Vejagam (Vajdi) of Rajkot Taluka was allotted to one Ex-Army man Shamjibhai Jesabhai Koli. Since Shamjibhai Jesabhai was willing to sell the same, the first informant decided to purchase it at the consideration of Rs.7,75,000/- (Seven Lacs Seventy five Thousand) and he made a sale deed in his favour as well as in the favour of his brother Jayantibhai Kotecha before Notary on the stamp paper of RS.20/- and also made one irrevocable power of attorney on the stamp paper of Rs.50/- for the purpose of title clearance and of obtaining sanction from the government for which the first informant paid Rs.4000/- (Rupees Four Thousand Only) to Shamjibhai,, and thereafter, in the year 1999, he further paid Rs.4,00,000/- (Rupees Four Lacs) by way of demand draft and also an amount of Rs.4,00,000/- (Rupees Four Lacs Only) in cash. Thereafter, Shamjibhai registered an agreement to sale on 19.5.1999 in favour of his father and four brothers and also gave a receipt as well as one power of attorney in favour of him and his father in law which was notarized on the same day. The permission was granted by the government on 9.1.2006 and amount of premium to the tune of 13,76,000/- (Rupees Thirteen Lakh Seventy Six Thousand Only). Thereafter, on the basis of the power of attorney his father in law Prabhudas made a registered sale deed in favour of Om Prakash Kotecha, Mukul Kotecha, Ketan Kotecha and his wife Deepaben at the office of the Subregistrar, Rajkot.
3.2 It is further stated by the first informant that even though the possession is with him since 1999. The daughters of Shamjibhai Kol, Ramaben, Savitaben and Jayaben gave one power of attorney to Kiranbhai Parshottambhai Hapaliya (A6) on the stamp paper of Rs.100/- as well as executed one agreement, whereby they received an amount of Rs.5,51,000/- (Rupees Five Lacs Fifty One Thousand Only) in cash.
3.3 It is further alleged that Savitaben and Ritaben on 20.11.2012 executed one more power of attorney and entered into agreement with one Ashwinbhai Parshottambhai Patel (A-7), wherein they received an amount of Rs.5,00,000/- (Rupees Five Lacs Only) from Ashwinbhai.
3.4 It is also alleged that Savitaben and Ritaben on 25.02.2015 gave one more power of attorney in favour of Jayminpari Maganpari Goswami and all these documents are not registered, but notarized. It is further stated that the daughter of Shamjibhai named Ritaben has lodged one FIR against him with D.C.B. Police Station, however, she has not disclosed that her father received an amount of Rs.4,00,000/- (Rupees Four Lacs) by way of draft.
3.5 It is further stated that nearly before three and a half months Karanbhai Solanki, who is husband of Ramaben @ Ritaben asked him to come at the office of his advocate B.B.Mehta and asked him to enter into compromise and further informed that they have already received the amount and have sold the land to land mafias and if the he wants to compromise, he will have to pay crores of rupees. It is further alleged that Maganbhai Vaghela, who is husband of Savitaben also asked him to pay a money for compromising the matter and before one and half years, Karan along with nephew Karan who is a broker came to his Hotel Europine and demanded five crore
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