The main legal point established in the judgment is that the FIR must disclose commission of a cognizable offence, and in the absence of such disclosure, the FIR and subsequent proceedings can be quashed.

JUDGMENT :

1. Shri Virendra Sharma, learned counsel for the applicants. Shri Vishal Sanotiya, learned P.P for the respondent No. 1/State. None present for the respondent No. 2.

2. This petition has been filed for quashment of the FIR of Crime No. 44/2014 registered under section 420, 465, 467, 468, 120-B, 201 of the Indian Penal Code at police station Mahakal, District Ujjain on the ground that from the averment of the FIR no offence is made out against the applicants.

3. In the police station Mahakal, District Ujjain, Crime No. 44/2014 has been registered on 21-1-2014 on the basis of written complaint made by respondent No. 2 Abdul Hassain stating that he is owner of the land bearing Survey No. 115 situated in District Ujjain and accused persons are owner of land bearing Survey No. 115/1 situated in District Ujjain but the applicants/accused persons have sold out the land bearing Survey No. 115 showing to be Survey No. 115/1 to one Ayub Khan, s/o Yakub Khan and executed registered sale deed on 11-10-2012. Accordingly, the applicants/accused persons have committed offence of cheating, forgery and thereafter on completion of the investigation, the charge-sheet has been filed.

4. On behalf of the applicants, it is submitted that the applicants have not received any money from the complainant and not committed offence of cheating with the respondent No. 2. So far the allegation with regard to commission of offence of forgery is concerned, the applicant has put their signature on the sale deed stating their names on the sale deed. The allegations is that the averments are false in the sale deed with regard to the title of the land but mere false allegation in any document is not sufficient to deem the document to be forged. The definition of forged document has been given in section 463, 464 of the Indian Penal Code. In this case there is no ingredients of aforesaid offence in the FIR. Hence, prima facie there is no averment of the offence with regard to commission of the cognizable offence. Therefore, in the eyes of law, there is no FIR and the same deserve to be quashed and when the FIR does not disclose commission of the cognizable offence, the police has no right to investigate the matter and all proceedings based on such FIR is insignificant and cannot be continued and deserve to be set aside. In this regard learned counsel for the applicant has placed reliance on the judgment of the Hon’ble Apex Court in the case of Mohammed Ibrahim and others vs. State of Bihar and another, (2009)8 SCC 751 stating that the facts of the present case and the facts of the aforesaid case dealt by the Hon’ble Apex Court are same. Hence, the petition be allowed.

5. Learned P.P for the respondent/State opposed the contention of the learned counsel for the applicant but unable to show any legal provision or judgment in support of the prosecution stand.

6. The Hon’ble Apex Court in the case of Mohammed Ibrahim (supra) has dealt with all the aspects which has been raised in this case and the facts are also similar and has categorically held that only purchaser is entitled to prosecute the seller for commission of the offence of cheating and observed as under in para 20 to 22 as under :—

20. When a sale deed is executed conveying a property claiming ownership thereto, it may be possible for the purchaser under such sale deed, to allege that the vendor has cheated him by making a false representation of ownership and fraudulently induced him to part with the sale consideration. But in this case the complaint is not by the purchaser. On the other hand, the purchaser is made a co-accused. 21. It is not the case of the complainant that any of the accused tried to deceive him either by making a false or misleading representation or by any other action or omission, nor is it his case that they offered him any fraudulent or dishonest inducement to deliver any property or to consent to the retention thereof by any person or to intentionally induce him to do or omit