Criminal proceedings for cheating and forgery cannot be sustained against bona fide purchasers in the absence of evidence showing dishonest or fraudulent intent at the inception of the transaction. A civil dispute regarding property title cannot be converted into criminal litigation to harass subsequent purchasers.

JUDGMENT

1. This application is filed for quashment of the FIR registered with Vadodara Rural Police Station, Vadodara City being I-CR No.2/2017 for the offences punishable under section 406, 420, 465, 467, 468, 471, 452, 120(B) and 114 of IPC which is filed against five accused persons and the present applicants are stated to be accused no.2 and 3.

2. As per the allegations made in the FIR the complainant who is friend of the original owner namely Johnson Solomon Parmar and Prabha Johnson Parmar who are staying at the U.S have purchase being Bungalow No.C-34/35, River Way Residency in Village Sonar Kui, Sevasi Vadodara in the year 2009 and brother of the owner namely Nicolson Solomon Parmar by creating fabricated Power of Attorney have sold property to the accused no.2 who is applicant herein for the sale consideration for Rs.43,50,000/- by executing the registered sale deed being registration no.5777/2014. As per the allegations, the accused no.2 has further sold the property to accused no.3 by executing sale deed being registered sale deed no.4845/2015 for the sale consideration of Rs.49,00,000/- on 03.06.2015. Claiming the forgery, along with other offence of cheating and breach of trust, the impugned FIR is filed on 03.01.2017 stating period of offence from 11.07.2016 to 05.11.2016. This Court, while issuing the notice, has ordered no coercive steps against the applicant and in that background, no charge sheets are filed against the present applicants and FIR is subject matter of challenge before this Court.

3. Heard learned advocate Mr.Parthiv Shah for the applicant-accused no.2 and learned advocate Mr.Suraj Shukla for the applicant-accused no.3 as well as learned advocate Mr.Bhuvnesh Gahlot for the complainant and learned APP Mr.Ronak Rawal for the State.

3.1. It is submitted by learned advocates for the applicant that the present application are the bona fide purchaser who, after following the due procedure and getting the title clearance on giving the public advertisement, has purchased the property after making payment of sale consideration. It is submitted that Special Civil Suit is filed being S.Cr.A.No.458/2016 by one Mohit who is the accused no.4 against the present applicant accused-no.3. It is submitted that no suit is filed by the complainant for seeking cancellation of sale deed which is executed in favour of the present applicants. It is submitted that, in fact, present applicants are also victims of the offence which is committed by accused no.1 against them on the basis of so called power of attorney which was never in existence in favour of applicant no.1. It is submitted that both the sale deeds are registered before the Sub registrar and therefore, continuation of proceedings would be nothing but abuse of process of law.

3.2. Learned advocates, for the applicants, relied of the decision rendered by the Apex Court in the case of Devendra & Ors vs State of U.P reported in 2009 (7) SCALE 613 and the judgment rendered by this Court in the case of Arvindbhai Shantilal Modi Vs State of Gujarat in Criminal Miscellaneous Application No.3615/2009. By relying on the said decision it is submitted that in identical case this Court has held that there is no cheating, breach of trust or forgery made out in the case and therefore, FIR is nothing but abuse of process of law and in that background the impugned FIR deserves to be set aside. Learned advocate Mr.Bhuvnesh Gahlot, appearing for the complainant, has submitted that the conspiracy was hatched by the accused no.1 in connivance with other accused as on the basis of the forged power of attorney initially the MO