FIR quashed as allegations did not establish a prima facie case, affirming that judicial processes must protect against abuse, pandemic to undue delay and prior favorable evidence.

ORDER :

J.C. DOSHI, J.

1. By way of this applications under Section 482 of the Code of Criminal Procedure, 1973, the applicants have prayed to quash and set aside the FIR being C.R.No.I-276 of 2018 registered with Khatodara Police Station, Surat for the offences under Sections 406 , 420, 465, 467, 468, 471, 120(b) and 34 of the INDIAN PENAL CODE and all the consequential proceedings arising therefrom.

2. Heard learned advocate Mr.Apurva Kapadia, learned advocate Mr.K.K.Trivedi, learned advocate Mr.Pratik Jasani for the applicants in respective applications and learned APP Mr.Chintan Dave for the respondent - State.

3. Learned advocates for the applicants jointly submitted that FIR is filed with systematic approach to stifle litigation about sale made by the complainant in favour of applicant - Maharbhai Kakadia. It is submitted that pursuant to order dated 04.08.2018 passed by Co-ordinate Bench of this Court documents in question i.e. power of attorney and relevant documents were send to Forensic Science Laboratory (FSL) for scientific investigation of allegations levelled in FIR that the complainant has not signed the documents. FSL being scientific evidence, turned the table and put the case that signature of complainant is true. It is submitted by learned advocates for the applicants that FIR is filed after yawning delay of 18 years and in between all the proceedings under the Revenue jurisdiction, proceedings before the Collector for granting NA permission successfully culminated in favour of the applicants even before filing of the FIR in question. It is submitted that complainant has filed Civil Suit No.347 of 2008, which is pending and in the Cvil Suit, the complainant have not pressed for interim orders. Learned advocate for the applicants submitted that before lodging FIR, three unsuccessful attempt were made by the complainant where police was of the opinion that complainant has failed to make out case but to fortune of complainant, fourth attempt was successful in culminated in questioned FIR.

3.1. Above main submissions are made by learned advocates for the applicants to allow the applications.

3.2. With regard to individual role alleged to have been played by petitioners, learned advocate Mr.Kapadia sought to submit that applicant - Manharbhai Kakadia has purchased the land after following due process as laid down in law which is recorded in interim order dated 04.08.2018 and confirmed by Hon'ble Apex Court. It is submitted that interim order itself suggestive of the fact that the applicant has paid sale consideration to the complainant for purchasing disputed land. Learned advocate Mr.Trivedi would submit that applicant - Vasudev Gopalni is practicing advocate and given stamp paper upon which document has been executed by Vasuben, which was purchased by another applicant - Sherbahudur Bhandari, though they have limited role in alleged commission of offencee, they have faced tune of prosecution. Learned advocate Mr.Jasani earmarked role of applicant - Narendra Tiwari, he is notary, who has identified complainant and accused. In such circumstances, FSL report says and establish that on all three documents i.e. power of attorney, satakhat and kabja receipt, signature of complainant is genuine. It is submitted that no case is remaining against the applicants and sending them to face turbulence of trial would be of no use.

4. Learned APP by placing report signed by Police Inspector, Kadodara Police Station stated that FSL report is in favour of the applicants and submitted to pass necessary order.

5. Order dated 25.04.2025 noted that respondent no.2 - private respondent has expire