Reserved On : 14/02/2025 Pronounced On : 18/03/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 18531 of 2019 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Sd/-

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Approved for Reporting Yes No No ==========================================================

SANDIP HASMUKHBHAI CHUDASAMA & ORS.

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR DEEP B KOTHARI(12220) for the Applicant(s) No. 1,2,3 MR. MANAN MAHETA, LD. ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 UNSERVED EXPIRED (N) for the Respondent(s) No. 2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

CAV JUDGMENT

1. By this application under section 482 of the Code of Criminal Procedure,1973, the applicants seek to invoke the inherent powers of this Court praying for quashing of the first information report being C.R. No.I-184 of 2018 registered before the City ‘A’ Division Police Station at Himmatnagar for the offence punishable under sections 406, 420 read with Section 114 of the Indian Penal Code.

2. The nuts and bolts of the FIR as well as the charge-sheet are that the accused Nos.1 to 5 started construction scheme of flats in the name and style as ‘Proton Eng. Plus’ and sold the said flats to the complainant and other witnesses by getting the amount of Rs.8,86,001/- from the complainant. Thereafter, the said accused persons sold out the very same flats to the other persons by also getting the money from them, however, till today the accused persons have not completed the said scheme and have also executed sale deeds in favour of the accused Nos.6 and 7, who happens to be the relatives of accused Nos.2,3,4 and 5, and thereby, all the accused persons, as named in the FIR, in collusion with each other, have committed a cheating and criminal breach of trust with the complainant. Hence, the impugned FIR.

3. Learned advocate Mr. Deep Kothari appearing for the applicants submits that the impugned FIR is nothing but a sheer abuse of process of law and is filed with an ulterior motive. He further submits that the impugned FIR came to be lodged against total seven persons, wherein the applicants herein have been shown as accused Nos.3,4 and 7 respectively. The applicant No.1 happens to be the son of applicant No.2. Learned advocate Mr. Kothari submits that as per the FIR, the so called incident took place on 31.05.2013 whereas the impugned FIR came to be lodged on 29.08.2018, and as such, there is a huge delay of five years in registering the FIR. Even at the time of registration of the FIR, there is no explanation worth the name by the complainant about delay in registering the FIR. Learned advocate Mr. Kothari also submits that the applicant No.1 herein was one of the partners in the firm namely ‘Proton Engi Plus’, who floated a residential scheme called ‘Suranva Residency’, wherein the complainant has booked a flat, and the flat which was sold to the complainant was not by the applicant herein, but the said flat was sold by the other partners without the knowledge of the applicant No.1 herein. He further submits that due to some disputes arose between the parties, the applicant No.1 had canceled the power of attorney executed in favour of Pareshbhai qua the property of his share. Learned advocate Mr. Kothari also submits that the applicant No.1 herein had sold his part of the share to the applicant No.3, and he was completely unaware about the transaction that had taken place between the complainant and the other partners. Learned advocate Mr. Kothari further submits that nowhere in the entire body of the complaint, there is any allegation against the applicant No.1 that the complainant had made any transaction with the applicant No.1. Even otherwise, the applicant No.1 herein had registered one criminal complaint against the ot