Jayrajsingh Digvijaysingh Rana vs State Of Gujarat & Anr

3) Brief facts:

(i) Respondent No. 2 herein is the President of Shri Supan Plot Owners’ Association situated at Village Nidhrad, Sanand, Ahmedabad. Certain plots of the said Association were disposed of illegally by creating false/forged documents by one Pravinbhai Gangashankar Raval (original Accused No.1) in favour of one Janakben Pravinchandra Raval (original Accused No.2) who, in turn, sold the same to one Jayrajsinh Digvijaysinh Rana, the appellant herein (original Accused No. 3).

(iii) Being aggrieved and dissatisfied with the same, the appellant herein (Accused No.3) preferred an application under Section 482 of the Code before the High Court to quash and set aside the said FIR. The High Court, by impugned order dated 18.07.2011, dismissed the same.

10. That in view of the above and since the right, title and interest of the association is now protected as the documents showing transfer of the property in favour of the petitioner stand declared as incompetent documents, therefore, the answering respondent has no objection if the present special leave petition is allowed and the FIR in question is quashed qua the petitioner.” The above information in the form of counter affidavit filed by Respondent No. 2 herein before this Court shows that by bona fide efforts, the appellant, who himself being the victim at the hands of Accused Nos. 1 and 2, assured Respondent No. 2 that he will not claim any right, title and interest over various plots belonging to the Association. It is further seen that the appellant has also executed an affidavit to Respondent No. 2 stating that he will withdraw the Civil Suit bearing No. 300/2011 filed before the City Civil Court, Ahmedabad for specific performance and declaration, accepting that he did not have any legal right, possession, title or claim over the various plots in issue as they were sold to him by Accused Nos. 1 and 2 on the basis of forged documents. Respondent No.2, after satisfying the bona fide intention of the appellant, informed this Court, by way of counter affidavit, that he has no objection if the present FIR No. 45/2011 is quashed qua the appellant. Respondent No.2, in categorical terms, informed this Court that in view of the stand taken by the appellant and since the right, title and interest of the said plots of the Association is now protected as the documents showing transfer of the property in favour of the appellant stand declared as invalid documents, he has no objection if the present appeal is allowed and the FIR in question is quashed insofar as the appellant is concerned. Apart from the above stand of Respondent No. 2 in the form of counter affidavit, learned senior counsel appearing for him also reiterated the same.

10) In the light of the principles mentioned above, inasmuch as Respondent No. 2-the Complainant has filed an affidavit highlighting the stand taken by the appellant (Accused No. 3) during the pendency of the appeal before this Court and the terms of settlement as stated in the said affidavit, by applying the same analogy and in order to do complete justice under Article 142 of the Constitution, we accept the terms of settlement insofar as the appellant herein (Accused No. 3) is concerned.

11) In view of the same, we quash and set aside the impugned FIR No. 45/2011 registered with Sanand Police Station, Ahmedabad for offences punishable under Sections 467, 468, 471, 420 and 120-B of IPC insofar as the appellant (Accused No. 3) is concerned. The appeal is allowed to the extent mentioned above.

JULY 20, 2012.