JUDGMENT :

1. It transpires that during the pendency of this application, a subsequent development has taken place by way of executing a sale-deed in favour of the original complainant and as per the submission made by the applicants, the possession is also handed over.

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

11(A) be pleased to admit and allow this application in the interest of justice;

(B) be pleased to call for the records and proceedings of impugned FIR being C.R. No.I- 23/2018 registered with Mahuva Police Station, District-Bhavnagar and after perusing the same, be pleased to quash the impugned FIR (charge-sheet is not yet filed) and all further proceedings in pursuance thereto, in the interest of justice;

(C) be pleased to stay the further proceedings of impugned FIR being C.R. No.I-23/2018 (charge- sheet is yet not filed) registered with Mahuva Police Station, qua the petitioners, pending the admission, hearing and final disposal of this petition;

(D) be pleased to pass such other and further orders as may be deemed fit and proper by this Hon’ble court, in the interest of justice.

3. Heard Mr. H.K. Patel, learned advocate for the applicants; Mr. A.J. Yagnik, learned advocate for the respondent no.2 – complainant and Mr. Dhawan Jayswal, APP for the respondent No.1 – State. Matter is heard for final disposal.

4. Mr. Dhawan Jayswal, learned APP has tendered a copy of report dated 01.07.2023 prepared by Unarmed Head Constable, Mahuva Police Station, whereby it was informed that the complaint is filed by one Nathalal Bhanjibhai Gohil, residing at Mumbai against the present applicants and other accused persons, which is registered as C.R. No.I-23 of 2018 for the offences punishable under Sections-406, 120, 120B & 114 of IPC. The tenure of the report suggested that now the investigation is carried out in pursuance of the complaint and it is found that the construction carried out by the accused persons are not in proper manner and the materials used as per the requirement, which are also not in a good condition. It is also reflected from the report that the statements of 48 witnesses were recorded, who are residing in Regency Megacity, in which 11 witnesses are not traceable. It is further noted that other witnesses are residing outside the village, therefore, investigating officer has called them and asked about the execution of sale-deed, therefore, in total, the sale-deeds were executed for the 43 persons and 04 witnesses are not traceable. It is also reflected from the report that till date the sale-deed of present applicant is not executed. However, the police has stated that since the necessary facilities are not provided by the builder at the time of launching of scheme, the offence of cheating and breach of trust is registered against the applicants.

5. On relying upon the report submitted by Investigating Officer, learned APP has submitted that this Court may consider the totality of facts and circumstances of the case as well as consider the fact that now the chargesheet is filed and trial is already commenced.

6. Learned advocate for the applicants submit that in view of the subsequent development, which was otherwise in nature of civil dispute and pursuant to that, the complainant and other persons have already availed the remedy before the appropriate forum by way of consumer complaint. He has further submitted that now in view of the subsequent development, whereby the sale-deed is executed and the possession is also handed over to the present complainant and many of the people of the flat, who came forward for execution of the sale-deed. In view of this fact, he submitted that though charge-sheet is filed and trial has commenced, this proceeding is required to be quashed as now the grievance of the complainant, which is essentially of the civil nature, is also now addressed by way of execution of sale-deed in his favour and by handing over the possessio