R.M.CHHAYA - (1.) HEARD Mr.C.B.Dastoor, learned advocate for the applicant, Ms.Moxa Thakkar, learned Assistant Public Prosecutor for respondent No.1State and Mr.M.R.Prajapati, learned advocate for respondent No.2original complainant.
(2.) BY way of the present application under Section 482 of the Code of Criminal Procedure, 1973 the Code the applicant has prayed for quashing and setting aside the F.I.R. being C.R. No.I102 of 2005 registered at Chowk Bazar Police Station, Surat City for the offences under Sections 406, 420, 467, 468, 471 and 120B of the Indian Penal Code, 1860 the IPC . Suffice it to state that the applicant is the original accused No.1 and is nephew of the first informant i.e. respondent No.2 . It is alleged in the impugned F.I.R. that on the basis of a forged Will, name of the applicant came to be mutated in the revenue record. It further indicates that Civil Suit No.350 of 2002 is also instituted for partition. It is also alleged that on the basis of such forged Will the property belonging to the family has been disposed of by the applicant.
(3.) THIS Court Coram: K.M.Thaker, J on 24.01.2013 admitted the matter and passed the following order: Heard Mr. Dastoor, learned advocate for petitioner and Ms.Raval, learned APP. In present petition, the petitioner has prayed that: "5 B Your Lordships be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, directing to quash and set aside the impugned complaint filed by the complainant being Crime Reg. No.102/2005 registered before the Chawk Bazar Police Station, Dist. Surat." It is submitted by learned counsel for petitioner that the alleged offence involves private dispute and settlement has been arrived at between the parties. He has relied on the document purporting to be an affidavit said to have been made by and on behalf of the complainant i.e. respondent no.2. Hence, below mentioned order is passed. Rule." ;