JUDGMENT :

1. Both the petitions being Criminal Misc. Application No.17172 of 2017 and Criminal Misc. Application No.1168 of 2017 are preferred under Section 482 of the Code of Criminal Procedure, 1973, (for short “the Cr.P.C.”) praying to quash and set aside the FIR being I-C.R. No.237/2016 under Sections 406, 420, 467, 468, 471 and 114 of IPC; and FIR being I-C.R. No.34/2017 under Sections 406, 420 and 114 of IPC, both lodged with Vadaj Police Station, Ahmedabad.

1.1 The respondent no.2 – original complainant in both the impugned complaints is same, who is son of the petitioner no.1, aged about 91 years, of both the petitions. The petitioner nos.2 to 3 in Cr.M.A. No.17172 of 2017 are the family members of the complainant being aunt, cousin brother and cousin sister respectively.

2. The facts in both the petitions are same, therefore, in brief, the same are narrated hereunder:

2.1 The father of petitioner no.1 and grandfather of the respondent no.2 complainant viz. Matilal Motilal Patel, who was Karta of Matilal Motilal Patel Hindu Undivided Family (for short ‘HUF’), executed a registered release deed in favour of petitioner no.1 - Harshadbhai Matilal Patel and his brother Yadukant Matilal Patel in respect of all the properties belonging to Matilal Motilal Patel. The properties also included the property bearing Survey No.54, F.P. No.91, admeasuring 3501 sq. meters situated at Mouje – Ghatlodiya, Taluka- Ghatlodiya, . Thus, the share of Matilal Motilal Patel and his wife came to be released and transferred in favour of family of petitioner no.1 and his brother, who became the coparceners and karta of the HUF.

2.2 It is stated that in the year 1975, partial partition deed of certain properties took place between the petitioner no.1 and his brother Yadukantbhai Patel and on 25.08.1975, registered deed of partial partition of certain properties, for the properties which came to the share of family of petitioner no.1, partition took place between petitioner no.1, wife of petitioner no. 1 and son of petitioner no. 1 - original complainant. In the year 2004, the petitioner no.1, his wife, his brother - Yadukantbhai and the complainant sold their individual shares in respect of Survey No.190 to Devnandan Commercial and Housing Co.op. Society Ltd. by different sale deeds and the complainant received a sum of Rs.93 Lakhs towards sale consideration for selling his share in Survey No.190. On 18.08.2005, Yadukantbhai executed a registered Will bequeathing his certain properties and his share in favour of his son, viz. Naimishbhai Patel.

2.3 It is further stated that the complainant had filed Special Civil Suit No.96/2006 against the petitioner no.1 and the purchasers before Civil Judge, Ahmedabad Rural, sought relief of setting aside of all the sale deeds in respect of certain properties including properties of Survey No.190, and after hearing all the parties, the learned Civil Judge, by order dated 25.01.2017, rejected the interim injunction application of the Complainant. The complainant herein challenged Exh.5 order before this Court in Appeal From Order No.55 of 2007, which came to be rejected by this Court by order dated 13.04.2007. Thereafter Misc. Civil application No.1456 of 2007 for review was filed, which also came to be dismissed by order dated 20.06.2007.

2.4 It is stated that vide a registered partition deed dated 30.10.2007, the petitioner no.1 and his brother Yadukantbhai distributed the remaining properties of HUF, including the subject movable property equally between them. Thus, out of 3501 sq. meters, one-half share of the subject property admeasuring 1750.50 sq. meters came to the share of petitioner no.1 and his family consisting of his wife, his son – complainant, and his daughter. Thus, 1/4th share i.e. 437.36 sq. meters share was of complainant. Thereafter, on 21.01.2008, the brother of petitioner no.1 passed away. It is stated that, after a period of 2 years from the date of institution of civil suit, the respondent no.