1. This application is filed under section 482 of CrPC for quashment of the FIR dated 6.9.2009 registered by Police Station – Rawji Bazar, Indore in Crime No.350/2009.

2. The relevant facts for disposal of this case are that the present applicant was alloted a plot bearing No.93 in Anop Nagar, Indore by respondent No.5 – Anop Nagar Grih Nirman Sahakari Sanstha. This plot, it is stated that, was earlier sold by the society to one Prakashchandra on 25.10.1980. Said Prakashchandra sold this plot to one Kulwant Singh through his attorney named as B.S. Choray. Subsequently, in respect of this plot attorney was given to respondent No.4. It is stated that after the plot was alloted to said Prakashchandra, he obtained building permission from Municipal Corporation, Indore and remained in possession of the disputed plot. Subsequently, as Prakashchandra transferred the plot without payment of full amount to 3rd party and without prior permission of the society, his allotment and sale deed executed in his favour by the society was cancelled after giving him a notice and the plot was alloted to the present applicant. The present applicant also obtained building permission from Municipal Corporation, Indore.

3. The present FIR was lodged by the respondent No.4 before Police Station – Rawji Bazar stating therein that respondent No.4 is attorney of Kulwant Singh Son of Antar Singh, who purchased the plot from the original allotee Prakashchandra. Kulwant Singh purchased the plot through sale deed dated 31.8.1987. The plot is in possession of Kulwant Singh and he raised certain constructions on the plot. On 2.9.2009, the present applicant alongwith the other persons removed iron angles placed by him. When the present applicant was called by Police Station – M.I.G., he submitted forged sale deed and other documents and he claimed that he was the owner of the plot. According to the forged sale deed, plot was purchased by him through one Lalsingh Malviya, who was Secretary of Anop Nagar Grih Nirman Sahakari Sanstha, respondent No.5. According to the averments made in the FIR, the said plot was already sold to Prakashchandra in the year 1980 and, therefore, society had no right to transfer the plot to the present applicant. The present applicant was also not a member of the society and Lalsingh Malviya was not Secretary of the society at the relevant time and, therefore, they are claiming ownership on the basis of forged documents.

4. On such complaint being filed, the crime as aforesaid was registered by Police Station – Rawji Bazar for quashment of which, this application is filed on the ground that the present applicant was alloted the plot by the society. Lalsingh Malviya was the Secretary of the society. All the documents are properly executed and, therefore, the ingredients of crime which was registered under sections 419, 420, 467, 468 and 471 of IPC are not present in the averments of the FIR itself and, therefore, the FIR should be quashed.

5. The society, respondent No.5, in its reply, stated that the FIR has been lodged by respondent No.4 on false and frivolous grounds. On 28.7.1997, Lalsingh Malviya was acting as Secretary of Society. The sale deed was executed in favour of the applicant by registered sale deed on which, signature of the present applicant was not appended because as per rules prevailing in those days, presence of the allottee before the Registrar was not necessary. It is further stated that the attesting witness Vinod Verma signed the document and after 12 years his statement to the police that he did not signed the document is, unfortunate. It is further stated by the society that the original allottee Prakashchandra violated the condition of the allotment and, therefore, his allotment was properly cancelled/annulled and thereafter, the plot was allotted to the present applicant.

6. Respondent No.4, it its reply states that the society was not competent to allot the plot in favour of the present applicant. On his