ORAL JUDGMENT

1. The present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicants-original accused nos.2 to 4 to quash and set aside the impugned FIR, being C.R. No.75/2010 registered with Valsad Police Station for the offences punishable under Sections 420, 406, 465, 467, 468, 471 and II4 of the Indian Penal Code.

2. At the outset, it is required to be noted that the learned advocate appearing on behalf of the applicants does not press the present application to quash and set aside the impugned FIR against applicant no.1-original accused no.2 for the offences punishable under Sections 420, 406 and 114 of the Indian Penal Code at this stage as the investigation for the same is yet not completed. However, has requested to consider the prayer of the applicants to quash and set aside the impugned FIR for rest of the offences alleged against applicant no.1-original accused no.2 and the impugned FIR as a whole against applicants nos.2 and 3.

3. The impugned FIR has been lodged by respondent no.1 herein-original complainant against the applicants-original accused nos.2 to 4 and one Shri Nilesh Babubhai Nayak- original accused no.1 with Valsad Police Station on 18/07/2010 for the offences alleged to have happened between 12/07/2010 to 18/07/2010 under Sections 420, 406, 465, 467, 468, 471 and II4 of the Indian Penal Code alleging inter alia that she was the owner of the land bearing 5/A and 5/B of City Survey No.133 situated at village Abrama, Taluka Valsad admeasuring 1281 sq meters. The original accused no.1-Shri Nilesh Babubhai Nayak got the power of attorney executed in his name by misrepresentation and though it was told that the power of attorney is executed for the purpose of execution and management he got the power of attorney executed in his name with the power to sell the aforesaid property and subsequently he sold the disputed property in question in favour of applicants nos.2 and 3-original accused nos. 3 and 4- wife and son of original accused no.2. It is further alleged and averred in the said FIR that at the time when original accused no.1 got the power of attorney executed by misrepresentation, applicant no.1 herein-original accused no.2 also remained present and in fact he initially insisted the original complainant to sign on each and every page of the power of attorney, however, subsequently obtained the signatures on the power of attorney hurriedly. It is further alleged that as applicants nos. 2 and 3-original accused nos. 3 and 4 are the beneficiaries as the sale deed was executed in their favour by original accused no.1 pursuant to the aforesaid power of attorney, applicant nos. 2 and 3 are also arraigned as an accused, though it is alleged in the FIR that all accused persons have committed the offences under Sections 420, 406, 465, 467, 468, 471 and II4 of the Indian Penal Code. Hence, the applicants have preferred the present application under Section 482 of the Code of Criminal Procedure to quash and set aside the impugned FIR.

4. Shri Adil Mirza, learned advocate appearing on behalf of the applicants has vehemently submitted that the impugned FIR against the applicants is nothing but an abuse of process of Court and law. It is submitted that as such the civil dispute is tried to be converted into criminal dispute only to pressurize the applicants.

4.1. It is further submitted that so far as applicants nos.2 and 3-original accused nos.3 and 4 are concerned, as such, there are no allegations at all against them for the offences alleged in the FIR. It is submitted that except the fact that applicants nos.2 and 3 are the beneficiaries i.e. subsequently the sale deed got executed in their favour there are no further allegations against them. It is submitted that therefore the impugned FIR is required to be quashed and set aside as a whole against applicants nos.2 and 3-original accused nos.3 and 4. It is further submitted by Shri Mirza, learned