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2019 Supreme(Guj) 1068

A.S.SUPEHIA
Amitkumar Mahendragiri Goswami – Appellant
Versus
Ishwarbhai Daulatram Vanidani – Respondent


Advocates Appeared:
For the Applicants : Mr. R.J. Goswami.
For the Respondents: Mr. Vipul B. Sundesha, Ms. Monali Bhatt, A.P.P.

JUDGMENT :

A.S. SUPEHIA, J.

1. Rule. Learned advocate Mr. Aditya A. Choksi for learned advocate Mr. Vipul Sundesha for the respondent No.1 and Learned Additional Public Prosecutor Ms. Monali Bhatt for the respondent No.2 waive service of notice of Rule on behalf of the respective respondents.

2. The present application has been filed seeking quashing and setting aside the F.I.R. being C.R.No.I-102 of 2017 registered at Sola High Court Police Station, Ahmedabad for the offence punishable under Sections 406, 420, 465, 467, 468, 471 and 114 of the Indian Penal Code, 1860 (for short “the IPC”).

3. Learned advocate Mr. R.J. Goswami appearing for the applicants has submitted that the dispute is of a civil in nature and has been given the colour of criminal act. He has submitted that the applicants have not committed any forgery and they have not created any rights on the forged documents since they are the owners of the disputed land. He has submitted that the right of the ownership of the land in question is pending before the Civil Court, hence, the F.I.R. requires to be quashed.

3.1 He has further invited attention of this Court to the conditions of the agreement to sale dated 24.07.1986 a

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