IMPORTANT POINT
The discrepancies in the metes and bounds did not amount to forgery or cheating, and the allegations in the FIR did not make out any offence under the relevant sections of the IPC.

JUDGMENT :

1. As both these applications are arising out of common FIR, both these applications are heard together and are being decided by this common judgment.

2. By way of these applications under Section 482 of the Criminal Procedure Code, 1972, (hereinafter referred to as “CrPC” for short), the applicants have prayed for quashing and setting aside the impugned FIR being C.R. No.I-58/2018 registered with Babara Police Station, Amreli for the offences under Sections 406, 409, 420, 465, 468, 471 and 120(B) of the Indian Penal Code (hereinafter referred to as “IPC” for short).

3. At this stage, it is required to be noted that the applicant no.2 viz., Hareshbhai Mavjibhai Bhatia of Criminal Misc. Application No.15438/2018 has expired during the pendency of this application and, hence, this application stands abated qua him and is fined to other applicants.

4. The brief facts leading to filing of the present applications are as under,

4.1 That, the land land bearing Survey No.717 situated in the sim of Village : Babra, admeasuring Acre 4-16 gunthas was granted to one Palabhai Bhurabhai on “sathani” basis and land admesuring Acre 5-20 Gunthas was granted to one Bhanabhai Palabhai in the year 1962-63 and in pursuance thereto, Entry Nos.888 and 953 came to be mutated in the revenue records. Thereafter on 01.11.1986 vide Entry No.2449, name of Kanjibhai son of Bhanbhai came to be mutated in the revenue record and the said entry was certified on 02.12.1986.

4.2 Thereafter on the strength of the application, the aforesaid land came to be converted into old tenure land from new tenure as per the order dated 29.10.1997 passed by Mamlatdar, Babra and Entry No.3638 came to be mutated in the revenue record to that effect.

4.3 After conversion of the land from new tenure to old tenure, the applicants had purchased the land. Out of total land admeasuring Acre 5-20 gunthas of Survey No.717 paiki, the said Kanjibhai Bhanabhai executed registered sale deed in favour of Bhagvanbhai Mohanbhai Bhatiya for the land admeasuring Acre 3-0 gunthas by way of registered sale deed dated 29.10.1997, for which Entry No.3640 came to be mutated in the revenue record, whereas remaining parcel of land i.e. 2 Acres and 20 gunthas was sold to one Hareshbhai Mavjibhai Bhatiya by way of registered sale deed dated 20.10.1997, for which, Entry No.3639 came to be mutated in the revenue record. Aforesaid entries were also certified by the revenue authority.

4.4 Thereafter the said Palabhai Bhurabhai passed away and, hence, Varsai Entry No.3339 came to be mutated in the revenue record. Thereafter with respect to the other parcel of land admeasuring Acre 4-16 gunthas of Palabhai Bhurabhai, his legal heirs have executed a registered sale deed of the land bearing Survey No.717 admeasuring 2-0 gunthas in favour of one Himmatbhai Muljibhai Dholakiya and Lakhmanbhai Mohanbhai Bhatiya by registered sale deed of even date i.e. 24.11.1998, for which, Entry No.3641 came to be mutated in the revenue record, whereas remaining parcel of land admeasuring 2 Acres and 16 gunthas was sold to Smt.Shardaben Himmatbhai Dholakiya and Hasmukhbhai Lakhmanbhai Bhatiya by way of registered sale deed dated 24.11.1998, for which, Entry No.3642 came to be mutated. Aforesaid entries were also certified by the revenue authority.

4.5 For the reasons best known, after a period of great delay, aforesaid entries No.3639, 3640, 3641 and 3642 were taken in suo motu revision by District Collector by issuing show cause notice on the ground that there is manipulation in measurementsheet and wrong information of metes and bounds has been given and on receipt of the notice issued by the District Collector, the applicants appeared before the authority and contended that the applicants are bona fide purchasers of the land in question on payment of entire sale consideration. However without properly considering the facts of the case, District Collector, by order dated 05.06.2007, cancelled aforesaid entries.

4.6 Against t