IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA nd ON THE 22 OF APRIL, 2024 MISC. CRIMINAL CASE No. 18463 of 2019 SMT SHANTA BAI AND OTHERS Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri H.K. Namdeo - Advocate for applicants.

Shri Pramod Thakre - Public Prosecutor for respondent No.1/State.

Shri Sanjay Sarwate - Advocate for respondent No.2.

ORDER Heard on I.A. No.5367 of 2024 - an application for deleting the applicant No.4.

For the reasons mentioned in the application, the same is allowed.

The applicant No.4 is permitted to be deleted from the proceedings.

Correction be carried out during the course of the day.

The present petition has been filed by the applicants seeking quashment of the FIR bearing Crime No.9 of 2018 registered at Police Station Moondi, District Khandwa for the offence punishable under Sections

420, 467, 468 and 471/34 of the Indian Penal Code.

2. The case of the applicants is that father of complainant namely Sureshchandra Agrawal has made a written complaint at Police Moondi, District Khandwa to the effect that vide registered sale-deed dated 18.05.2011 applicants along with other co-accused persons have sold out the Signature Not Verified Signed by: TAJAMMUL land bearing Khasra No.83/1, Area measuring 1.208 Hectares situated at Village Beed to the tune of Rs.7,50,000/- to Smt. Kshama, wife of Neeraj Agrawal. At the time of mutation, he came to know about the fact that the aforesaid land has already been sold out to Krishi Upaj Mandi by the father of the applicants, in this way they have committed fraud with the complainant. On the basis of said complaint, the FIR was registered. It is argued that the applicants have not committed any offence in any manner. Since the name of the applicants have been entered into Khasra Panchshala/Rin Pustika and prior to sale of the aforesaid land a public notice was issued in the local newspaper and no objection was filed by the Krishi Upaj Mandi. It is further argued that earlier father of the applicants No.1 to 7 namely Shri B.L. Sharma has sold out the land bearing Khasra No.83, Area measuring 3.658 Hectares situated at Village Beed vide registered sale-deed dated 29.12.1981 to Krishi Upaj Mandi. At the relevant time the applicants No.1 to 4 and 9 were living in their matrimonial houses. They have no knowledge about the execution of the said sale-deed. They have not committed any fraud as the land was lying vacant and possession has not been taken by Krishi Upaj Mandi. Considering the aforesaid aspect they have been enlarged on anticipatory/regular bails by this Court with a direction to deposit the amount of Rs.72,445/- being their shares before the Arresting Officer and in pursuance to the same the applicants have deposited the amount. They have also paid the cost of registry to the complainant. It is argued that they have no knowledge of the previous sale-deed, therefore, they have executed the sale-deed and as such no fraud has been committed Signature Not Verified Signed by: TAJAMMUL by them. There was no intention of the applicants to illegally sold the said land to the complainant. It is further pointed out that this Court vide order dated 19.08.2019 has stayed further proceedings of the criminal case pending before the learned Additional Chief Judicial Magistrate, Punasa, District Khandwa observing that the entire consideration of Rs.7,50,000/- has been returned to the complainant coupled with the fact that prior to issuance of the sale-deed an advertisement was also issued in the local newspaper to which the Krishi Upaj Mandi, Khandwa has never raised any objection. It is submitted that it was a bonafide mistake which has been committed by them, therefore, they have prayed for quashment of the FIR as well as all consequential proceeding pending thereto.

3. Counsels appearing for the State as well as respondent No.2 have opposed the contentions and submitted that the land in question which has been sold vide regi