Point of Law: Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.” Above Category 7 is clearly attracted in the facts of the present case. Although, the High Court has noted the judgment of the State of Haryana vs. Bhajan Lal, but did not advert to the relevant facts of the present case, materials on which Final Report was submitted by the IO. We, thus, are fully satisfied that the present is a fit case where High Court ought to have exercised its jurisdiction under Section 482 Cr. P.C. and quashed the criminal proceedings.

JUDGMENT :

1. By way of this application, the applicant prays for quashing of the F.I.R. being I CR No.61/2019 registered with Sama Police Station, District: Vadodara for the offence punishable under Sections 406, 420, 465, 467, 468, 471, 474, 182 and 506(2) of Indian Penal Code.

2. Brief facts of the present case are summarized as under:

3. That, the present applicant had purchased a land bearing Survey No.37 admeasuring 7689 sq.mtrs. and the land bearing Survey No.45 admeasuring 11635 sq.mtrs., situated at Village: Sama by registered sale deed in the year 1999. It is alleged that the applicant did not make full payment of the said consideration and the payment of the cheques of consideration was stopped. That, during the suit proceedings initiated by respondent No.2 and her family members, the applicant allegedly executed agreement for payment of money, however, the present applicant did not pay even the said amount agreed at the time of the subsequent agreement dated 11.12.2003. That, on false assurances of the applicant, the informant and her family members had withdrawn civil suits. That in the year 2013, all the earlier settlement agreements were cancelled and respondent No.2 transferred an amount of Rs.45,00,000/ to the account of the present applicant and thereafter instituted Civil Suit No.204 of 2014 before the learned Civil Court, Vadodara. That however present applicant is not even an agriculturist, he had allegedly produced fraudulent documents at the time of application for non-agricultural use. That, the present applicant produced fraudulent measurement-sheet of adjoining land bearing Survey No.44 and has thereby wrongly got the N.A. Permission from the office of Collector, Vadodara on 31.1.2014. That, son of respondent No.2 got various documents under RTI from which respondent No.2 derived information that the measurement-sheet of the aforesaid plot as well as name of the occupier were erased. That, on 11.1.2019, son of respondent No.2 – Shri Anant Patel as well as her nephew Shri Ankur Patel were called by the present applicant in the office of his friend and at that time threats were delivered to the effect that they will face dire consequences if they keep on making applications before the various authorities against the applicant. Ultimately, impugned FIR came to be lodged on 8.7.2019 at 14.35 hours arraigning the present applicant as an accused.

4. Heard learned advocates for the respective parties and learned APP for the respondent-State.

5. It was submitted by learned advocate for the applicant that the impugned FIR is nothing but an abuse of process of law. That, none of the ingredients of the alleged offence are made out on bare reading of the FIR as well as other uncontested / undeniable document and entire issue of civil nature is given the color of criminality. That respondent No.2, unsuccessfully, tried to ventilate her grievance about the nature of transaction of sale deed with the applicant by filing and/or participating in the civil and revenue proceedings, but respondent No.2 has failed therein. Despite that, present FIR is lodged in July, 2019 without explaining any delay whatsoever by making false and twisted allegations. That none of the ingredients of the alleged offences are made out. That respondent No.2 and her family members have dishonestly continued with the litigation right from the year 2001 and the applicant is made to run from pillar to post. The FIR is the last stroke on the back of the applicant who has purchased the land in question by paying proper and full consideration. That before the FIR, respondent No.2 had lodged a written complaint to the Police Inspector, Sama Police Station and the Police Commissioner, Vadodara on 22.1.2019. That, respondent No.2 sent the said complaint also by RPAD to the office of Police Commissioner on 1.3.2019 and the same was delivered on 2.3.2019. Immediately, a writ petition was filed before the Hon’ble High Court seeking direction for registration