ORDER :

1. The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing and setting aside the FIR being C.R. No.11216024200717 of 2020 registered before Kalol Taluka Police Station, Dist.: Gandhinagar for offence punishable under Sections 119, 380, 406, 409, 477, 384, 457, 114 & 120B of the Indian Penal Code as well as other consequential proceedings arising out of the aforesaid FIR.

2. Today, in the morning, all the parties have come with the Affidavits stating about the settlement of dispute which has started in the year 2003. The complainant – Ramanji Mangaji Thakor and his brothers Laxmanji Mangaji Thakor and Mohanji Mangaji Thakor as well as their sister Naniben Mangaji Thakor, are present before this Court, who have been identified by Advocate Mr.Parth Contractor. All the deponents accompanied with the complainant with the Affidavits have urged before this Court to quash the FIR submitting that the disputed land has been re-conveyed to them by way of Conveyance Deed and no grievance remains and all the disputes have been resolved between the parties.

3. Mr.Dhawan Jayswal, learned Additional Public Prosecutor, submits that the said FIR came to be filed after the order dated 26.11.2020 in Special Criminal Application No.8324 of 2018, wherein the complainant – present respondent No.2 had prayed before the Court in Special Criminal Application No.8324 of 2018 directing to register the FIR against (1) Ranchhod Ambalal Patel resident of Rancharda, kalol, who is also named as an accused in Criminal Complaint No.1931 of 2004, (2) Jayaram Cheharbhai Rabari, (3) Maljibhia Cheharbhai Rabari, (4) Kirti Jivanbhai Bharwad, (5) Shwetaben Prabodhchandra Patel (7) Saumi Prabodhchandra Patel, (8) Officers and employees of the Kalol Taluka Court and (9) other individuals, who are involved in perpetrating the offence whereby the original record of Court proceedings has gone missing.

3.1 Learned APP submitted that the Court on the prayer so made had directed the learned APP to inquire from the concerned Superintendent of Police as regard to lodging the FIR against the private persons, who were stated to be involved in the alleged offence of missing of records and proceedings from the Court file. Registry of this Court was also directed to call for the report from the concerned Principal District Judge inquiring as to what steps have been taken against the erring officer for the missing records.

3.2 Learned APP further submitted that the proceedings were initiated at the instance of the complainant, and now, the said complainant has come up with the settlement which should not be accepted as the complainant himself was a person, who had moved criminal machinery.

4. Thus, this Court inquired from each of deponents regarding the contents of the Affidavits; Laxmanji Mangaji Thakor and Mohanji Mangaji Thakor, are reported to be ill and were sitting in the Court campus. Thus, this Court had instructed Advocate Mr. Parth Contractor, who is identifying all the persons to have video conferencing talk with both the brothers and thus, accordingly from the mobile device, this Court inquired from both the persons through video conferencing and they have accepted the contents of the Affidavit and expressed their desire to quash and set aside the FIR.

5. It is reported that subsequently during the course of inquiry, the Court staff namely Mahendra C. Raval was arraigned as an accused. The allegations in the FIR was that the agricultural land was alleged to be used and sold under the conspiracy of Shwetaben, who further sold the land to her brother Saumibhai by way of gift deed and by overreaching the order of the Court had sold the property to the accused Nos.5, 6 & 7 namely Jairambhai, Maljibhai and Kirtibhai respectively in the year 2007 by way of registered sale deed. Thereafter, it is alleged that the accused Jairambhai, Maljibhai and Kirtibhai, by forming unlawful assembly armed with the weapons, entered into the