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2023 Supreme(Guj) 206

GITA GOPI
Kamleshbhai Vasudevbhai Rajput – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr. Ashish B. Desai.
For the Respondents: Mr. Hardik Mehta, APP.

ORDER :

1. This application has been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) for quashing the FIR bearing CR No.I-125/2016 registered with Chandkheda Police Station, Ahmedabad for offences punishable under Sections 447, 506(1), 380, 114 of the IPC and to terminate all the subsequent proceedings in connection with the FIR.

2. Mr. Desai, learned advocate for the applicant has made a prayer for quashing the FIR on the ground that there is no case in the impugned FIR to constitute any offence against the applicant and it is absolutely a civil transaction, where the present applicant and his wife had entered into a registered agreement of sale dated 7.10.2016 with Mr. Amit Doshi and Mrs. Seema Doshi, owner of the shop property, situated at Office no.1, Shri Balaji Complex, Motera, Ahmedabad. The total consideration of Rs.35,00,000/- was paid and before executing the agreement of sale, token amount of Rs.5,00,000/- was paid by the applicant by way of cheque and further the amount of Rs.2,00,000/- was paid and on 24.10.2016, the possession agreement was executed between the applicant and vendor of the office. Mr. Desai submits t

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