The court affirmed that further investigation is permissible under Section 173(8) of Cr.P.C., even after a charge sheet is filed, and dismissed the petition for quashing the FIR due to evidence of intent to defraud.

ORDER

This petition under Section 528 of BNSS , 2023 has been filed by the petitioner seeking quashment of FIR pertaining to Crime No. 256/2017 registered by P.S. Nanakheda, Distt. Ujjain for offences punishable under Sections 420, 467, 468 , 471 and 34 of IPC with all consequential proceedings thereto, on the basis of compromise arrived at between the parties.

2. The exposition of the facts, giving rise to the present petition, is as under- Balwinder Singh Chabra S/o Late Preetam Singh Chabra reported to P.S. , SHO Nanakheda Distt. Ujjain on 26.05.2017 that Narendra Patel and Laxmikant Patel offered to sell him a land at Survey No. 30 admeasuring 0.470 hectures at Goylakhurd @ Rs. 900 per sq.ft.. An agreement was executed by Narendra and Laxmikant Patel in his favour on 21.12.2014. He paid Rs. 34 lakhs in furtherance of the agreement, but Narendra Patel and Laxmikant Patel did not execute the sale deed of the land in his favour and also not returning the consideration amount paid to them. He came to know that Narendra Patel has already entered into agreement for the same land with Sarvesh Jhavar and had taken Rs. 16 lakhs from Sarvesh. On such allegations, P.S. Nanakheda registered FIR for offence punishable u/S 420, 467, 468, 471 r/W 34 of IPC against Narendra Patel and Laxmikant Patel. The matter was investigated and on completion of investigation, The final report was filed against the accused Laxminarayan and Narayan Patel, pending the investigation against other suspects/accused. It was revealed during investigation that the land in question was acquired by the State Government in favour of M.P. Housing Board, therefore, further investigation is needed in the matter.

3. During further investigation, the documents relating to acquisition of land were requisitioned and seized from the office of M.P Housing Board. It was further revealed that the land was acquired vide order dated 19.09.2003 and a cheque dated 12.06.2006 of compensation amount was given to the land owner Mangilal, Shanti Bai, Leela Bai, Rameshwar Singh, Bhanwar Singh and others. Bhanwar Singh was apprehended. Bhanwar Singh, Hakam Singh and Shanti Bai in their statement recorded u/S 27 of the Evidence Act informed that all the owners of the land had received cheques of compensation amount towards acquisition of the land in the year 2003.

Thereafter, Mahendra Singh and Jitendra Singh offered to pay them money for the same land, therefore, Hakam Singh, Rameshwar Singh, Shanta Bai executed power of attorney in favour of Mahendra Singh and Mahendra Singh executed sale deed of the same land in favour of Jitendra Singh. Mahendra Singh and Jitendra Singh paid them Rs. 25 lakhs, which were distributed amongst them. Jitendra is absconding.

4. The impugned FIR is assailed in the present petition mainly on the following grounds:

(i) Initially, the petitioner was not named in the FIR. Petitioner is not concerned with the transaction between the complainant and Narendra Patel. After release of Narendra Patel from jail, the agreement to sale with Narendra Patel has been cancelled and entire amount is returned to Narendra Patel.

(ii) A Division Bench of the High Court of M.P. has quashed the acquisition proceedings initiated by Housing Board in W.P. No. 30059/2023. Therefore, the land in question has been released.

(iii) The petitioner had purchased the land when it was recorded in the name of Mangilal and his family in revenue record and all other government documents. Petitioner had paid the stamp duty for registration of sale deed. He is a bonafide purchaser. He was not aware of the fact that land was acquired by Housing Board in the year 2003.

(iv) The Deputy Secretary, General Administration Department vide letter dated 07.07.2015 directed the Commissioner, Housing Board to release untraceable land admesuring 0.470 hectares and directed that the compensation of remaining land be given to the land owner.

(v) There was no intention to cheat at the inception. There was no mens r