JUDGMENT :

1. All these matters involve identical questions on law and facts and arise out of one and the same First Information Report and hence, they are decided by this common judgment.

2. The present applications have been filed under Section 482 of the Code of Criminal Procedure seeking quashment of the impugned First Information Report bearing C.R. No. I – 52 of 2015 dated 17.07.2015 registered with Bavlu Police Station, Mehsana for the offences punishable under Sections 406, 420, 467, 468, 471 read with Section 114 of the Indian Penal Code and all consequential proceedings initiated in pursuance thereof.

2.1 The impugned complaint has been filed against four accused persons. Criminal Misc. Application No.16622 of 2015 has been preferred by original accused Nos.1 & 2, who have purchased the subject land for development; whereas, Criminal Misc. Application No.16623 of 2015 and Criminal Misc. Application No.16625 of 2015 have been preferred by original accused Nos.4 & 3, who are the Advocate-cum-Notary and the Licensed Surveyor respectively.

3. The facts, in a nutshell, are that the agricultural land bearing Survey No. 980 situated in Mouje : Daran, Taluka : Kadi, District : Mehsana was, originally, owned and occupied by the family members of respondent No.2 herein, original complainant. The said land was divided into two plots, viz. Plot No.980/1, ad-measuring 7,135 square meters and Plot No.980/2, ad-measuring 6,540 square meters. On 07.02.2008 the respondent No.2-original complainant and his two brothers, who were the owners of the land bearing Survey No.980/1 (hereinafter referred to as “the subject land”), executed a registered sale deed in favour of Rajendrabhai Narandas Patel and his wife Rekhaben Rajendrabhai Patel. In pursuance thereof, the possession of the subject land was also handed over to the new owners.

3.1 Original accused Nos.1 and 2 [Applicants In Criminal Misc. Application No.16622 of 2015] are developers of lands. In 2010, the applicants entered into an agreement with some farmers and a Housing Society for the purchase and development of different parcels of lands situated in and around Villages : Laxmanpura, Daran and Kolad, Taluka : Kadi, District : Mehsana. It was agreed upon that the parties would purchase agricultural lands and would, thereafter, apply with the competent authority for getting it converted for Non- Agricultural use. In furtherance thereof, the applicants purchased a parcel of land situated adjacent to the subject land. As the applicants were developers of land and were desirous to develop a bigger parcel of land, they approached the owners of the subject land with a proposal to purchase the subject land, which was agreed upon by the land owners. Accordingly, on 27.01.2011, a registered sale deed in respect of the subject land was executed in favour of the applicants by the joint owners, i.e. Rajendrabhai Narandas Patel and Rekhaben Rajendrabhai Patel. In pursuance thereof, the applicants were handed over actual and physical possession of the subject land. A consequential entry vide Entry No.5170 of 2011 was mutated in the revenue records, which was also certified by the Revenue Department.

3.2 In 2012, the applicants initiated the process for converting the subject land into Non-Agricultural land for developing a residential scheme. By order dated 02.05.2012, the competent authority converted the subject land, which was agricultural land, into Non-Agricultural land. Subsequently, the applicants initiated necessary procedure for sub-plotting the subject land. Before undertaking such exercise, the applicants felt the need to get exact measurements, location and identification of the subject land so as to avoid any disputes in future. Therefore, a licensed Surveyor, [Original accused No.3 in the impugned FIR and the applicant in Criminal Misc. Application No.16625 of 2015], was appointed to carry out the task.

3.3 During the process of survey, it was noticed that the location of two plots, i