The court established that allegations in the FIR did not constitute extortion or criminal intimidation, emphasizing the distinction between civil disputes and criminal offences.

JUDGMENT :

1. Rule. Learned advocate Mr. Pratik Jasani waives service of rule for respondent No.2 and learned APP waives service of notice of rule for the respondent State.

1.1 Since both the petitions arise from self-same FIR, with the consent of learned advocates for the respective parties, the petitions are decided analogously.

2. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioners have prayed for quashing and setting aside FIR being C.R.No.I – 4 of 2015 registered with Rajkot City DCB Police Station, for the offences punishable under Sections 387, 504, 506(2), 114 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein.

3. Brief facts of the case as observed from the pleadings are as under:-

3.1 It is submitted that a complaint came to be filed by respondent No.2 on 13.2.2015 inter alia alleging that before four years he and his partners launched a residential plot scheme in the survey of 'Abhagi Pipaliya' named as "Zenting Safari" wherein the petitioners purchased the plots at the rate of Rs.1,170/- and as per the understanding whenever the amount is paid the documents were to be executed and about 8,000 to 10,000 sq. yards documents were executed. Thereafter also 24 lakhs of rupees were remained with the complainant and after getting further 28 lakhs of rupees from the accused, he has to execute the documents. It is further alleged that, however, both the accused were asking for the money from the complainant and used to come to the office of complainant but the complainant said that pay remaining amount of Rs.28 lakhs and he will execute the sale deed. However both of the petitioners were pressurizing the complainant to make the payment of Rs.24 lakhs and were threatening with dire consequences. It is further alleged that on 12.2.2015 the complainant received a phone call on his mobile at 11.30 night and in that phone call one Kamlesh Ramani issued threat to the complainant that to make payment of amount to the petitioners and if payment is not made, then he will be beaten. The said person abused on telephone. The complainant, therefore, on 13.2.2015 in the morning was going to make representation to the Police Commissioner Office and at that time, the accused No.3 namely Kamlesh Ramani met him and abused the complainant and threatened to pay the amount; otherwise his persons will break his legs. Due to the fear the complainant went back to his home. Thereafter, the complainant gave his complaint to DCB police station which came to be registered as CR No.I-4 of 2015 before DCB Police Station, Rajkot for the offences punishable under Sections 387, 506 (2), 504 and 114 of Indian Penal Code.

CONTENTION OF LEARNED ADVOCATE MR. PRAVIN GONDALIYA

4. Learned advocate Mr. Gondaliya for the petitioners in Special Criminal Application No.1230 of 2015 taking this Court to the FIR on record, would submit that it is the FIR filed due to business rivalry. He would further submit that civil litigation has been given colour of criminal offence. He would further submit that according to the FIR, original accused Nos.1 and 2 have given Rs.24 lakh to the complainant for purchase of certain parcels of lands from the project namely "Zenting Safari"at in the survey of 'Abhagi Pipaliya'. He would further submit that four sale deeds were executed and thereafter, according to the complainant, the petitioners were pressurizing the complainant to make the payment of Rs.24 lakhs and were threat