The main legal point established in the judgment is that the power of quashing should be exercised sparingly and that the judiciary and the police operate in complementary spheres, with the court intervening only in exceptional cases to prevent miscarriage of justice.

ORDER :

1. Issue Rule returnable forthwith. Mr. Soaham Joshi, learned APP waives service of notice of Rule on behalf of the respondent no.1-State.

2. By way of present application, the applicants herein have prayed for the following reliefs :-

"(A) YOUR LORDSHIP be pleased to admit this petition.

(B) YOUR LORDSHIP be pleased to quashed and set aside the First Information Report, the offence registered as C.R. No. I-105/2015 on Dtd.27-12-2015 with Viramgam Rural Police Station, dist-Ahmedabad (Annexure-A) qua the petitioners in the interest of justice.

(C) YOUR LORDSHIP may be pleased to stay the further proceeding in connection with the offence registered at C.R. No. I-105/2015 on Dtd.27-12-2015 with Viramgam Rural Police Station, Dist-Ahmedabad (Annexure-A) qua the petitioner in Pending, admission, hearing and Final disposal of this petition.

(D) YOUR LORDSHIP be pleased to grant such other and further relief(s) as deem fit to grant in the interest of justice."

3. It is the case of the applicants that the land bearing Survey No.187, ad-measuring Hr.Sq.2-18.53 of Village Liya, Taluka Viramgam, District: Ahmedabad was originally in the name of the father of the respondent No.2. It is submitted that the land was purchased by Bhurabhai Kamabhai by registered sale deed on 21.11.1999, by registered sale deed No.1137 of 1999, and entry in the revenue record for the sale deed was mutated in revenue record by revenue entry No.1899 on 27.07.2006.

It is submitted that after death of Bhurabhai Kamabhai heirs of the Bhurabhai (applicant No.1 to 4) preferred an application to enter their name in revenue record as legal heirs of Bhurabhai Kamabhai, after verifying the documents on record, the Circle Officer, Detroj Division Viramgam, certified the said entry being entry No.1915 on 26.02.2007.

4. The applicants herein submits that the applicants No.1 to 4 are legal heirs of Bhurabhai Kamabhai and other 5 to 6 are as witnesses so there is no prima facie case against the applicants herein.

5. It appears that respondent No.2-original complainant filed impugned FIR on 27.12.2015, alleging that the Bhura Kama Bharvad had falsely executed the Agreement with fake persons and the land was falsely registered on his name in the Revenue records. Also this fact was already known to the heirs of Bhura Kama – namely (1) Natthu Bhura Bharvad, (2) Raiji Bhura Bharvad, (3) Ramsi Bhura Bharvad and (4) Baluben Bhura Bharvad, Thereafter due to death of this Bhura Kama Bharvad on 01/02/2000, despite knowing the above fact about fake documentation by their father, his heirs have made Succession entry (for heirship) vide no. 1915 – dtd. 26/02/2007. Hence, these persons have falsely entered their names in the said land as per the heirship rights.

Hence, it is my complaint to run the legal trial against the below mentioned accused persons, namely... (1) Bhura Kama Bharvad – (died), Resi. At – Liya, Tal. Viramgam, (2) Natthu Bhura Bharvad - Resi. At – 10, Purshottam nagar, Nr. Radhaswami Raw House, Bh. Shuklam School, Chandlodiya, Ahmadabad. (3) Raiji Bhura Bharvad, (4) Ramsi Bhura Bharvad (5) Baluben Bhura Bharvad - Resi. At – Liya, Tal. Viramgam, (6) Prabhu Ambaram Ko. Patel (7) Popat Shankar Vanand - Resi. At – Liya, Tal. Viramgam, My Witnesses are the people mentioned in the Complaint as well as those who are found during the investigation."

6. By order dated 04.04.2016, Notice came to be issued by the Co-ordinate Bench of this Court, the order dated 04.04.2016 reads thus :-

"For the offence allegedly committed in the year 2007, the complaint is lodged in the year 2015. It is the grievance of the petitioner that the register sale deed has been effected on 21/11/1999 and the entry is mutated in revenue record on 27/7/2006. Respondent no.2 has, at no stage, resorted to any civil proceedings.

Let notice be issued to the respondents, to be made returnable on 21st April, 2016.

Ms. Maithali Mehta, learned APP waives service of notice for respondent No. 1.

Respondent no. 2 to be served