JUDGMENT :

1. Common issue has arisen in all the captioned matters, by consent of the parties, the matters were heard finally and are being disposed of by this common judgment.

2. Petitions being Criminal Misc. Application No.28312 of 2017, Special Criminal Application Nos.6429 of 2017, 6477 of 2017, Criminal Misc. Application Nos.21418 of 2017, 21767 of 2017, 25082 of 2017 and 25279 of 2017, have been filed under under section 482 of the Code of Criminal Procedure for quashing and setting aside the FIR bearing C.R. No.I-215/2017 registered before the Umra Police Station, Surat City under sections 406, 420, 465, 467, 468, 471, 120B and 114 of IPC

2.1 Whereas Criminal Misc. Application No.6396 of 2017 is filed for quashing of FIR bearing C.R. No.I- 45/2016 registered with Umra Police Station, Surat under sections 447, 114 and 188 of IPC.

2.2 While Special Criminal Application No.679 of 2018 is for quashing and setting aside the impugned order dated 08.01.2018 passed below Exhibit-34 in Criminal Misc. Application No.3360 of 2015 by the 2nd Additional Sessions Judge, Surat, and, for direction to the police authorities, being respondent nos.2 and 3, for handing over possession of the subject land to the petitioners.

3. As per the complainant, to the facts noted in the complaint, Revenue Survey No.209 of village-Vesu with new Survey No.111/3 land being old tenure, area admeasuring 9814 sq. mtrs., the original owner is Homi Janhagirji Vesuna, and as per the complainant the said land was in possession and occupation of the original owner, since the complainant also holds a land in the outskirt of village Vesu and conducts agricultural activities; he came in contact with Homi Jahangirji Vesuna, who informed him in the year 1997, that he wanted to sell his land, the complainant, thus expressed his willingness, therefore, it is stated that complainant purchased the said land in the year 1997, in the name of his wife Shardaben and son Anup, and a registered Satakhat without possession was executed on 22.10.1997 by the owner of the land, Homi Jahangirji Vesuna.

3.1 The applicants while praying for the quashing of FIR contended that the father of accused no.5 of F.I.R. being C.R. No.I-215/2017, Darbsha @ Dali Faramji Patel was in possession of the subject land as a tenant prior to 1955, and after his demise, accused no.5 – Minu Darbsha and his brother accused nos.4 - Firoz Darabsha @ Dali Patel and accused no.6 - Yasmin wd/o. Hosang Darabsha @ Dali Patel were cultivating and in possession of the land. The applicants contends that the original owner – Homi Janhagirji Vesuna and father of accused nos.4 & 5, being of the same community, had cordial relations and had mutual trust on each other and therefore original owner agreed to sell the subject land to the father of accused nos.4 & 5, for which an agreement was executed on 08.03.1986., which acknowledges the possession of Darbsha @ Dali Patel. After the demise of father of accused nos.4 & 5 on 13.03.1997, the dispute arose between the parties and accused no.5 and his brothers initiated tenancy proceedings in the year 2000, which reached till Gujarat Revenue Tribunal, and, the Gujarat Revenue Tribunal by order dated 30.09.2005 in Revision Application No.TEN/BS/42/2002 remanded the same to the Mamlatdar for deciding the matter afresh, and, till date the said issue is pending before the Mamlatdar, Krushi Panch, Ganot, Choryasi.

3.2 It is alleged in the F.I.R. C.R. No.I-215/2017 by the complainant –