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2013 Supreme(MP) 122

Anil Sharma
Afsar Mohd. – Appellant
Versus
State of M. P. – Respondent


Advocates:
Imtiyaz Hussain for petitioner; C.K. Mishra, Panel Lawyer for respondent/State.

ORDER

1. Petitioners have filed this petition under section 482 of CrPC for quashment of FIR registered at crime No. 152/2012 at police station Talaiyya, Bhopal on 6.7.2012 against the petitioners for the offence punishable under sections 420, 467, 468 and 471 of IPC copy of which has been filed along with the petition as Annexure P-1.

2. The brief facts of the case are that respondent No. 2- complainant lodged a frivolous FIR at police station Talaiyya subject matter of which is akin to the facts of the civil suits pending between the parties in which the veracity of the documents alleged to be forged in the FIR has to be adjudged after recording evidence of the parties. The FIR has been got registered in order to undue pressurize the petitioners to either get their dismissed or to get it compounded under pressure of criminal prosecution. Petitioners No. 3 and 4 filed a civil suit No. 253A/12 on 31.1.2012 against a number of defendants including the minor sons of the respondent/complainant for declaration of title and permanent injunction. Copy of the plaint has been filed with the petition as Annexure P-2. The suit is based on an oral Hiba of the suit property made in favour of the










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