KUNDANLAL JAIN AND OTHERS Vs. VIRENDRA SINGH SOLANKI

JUDGEMENT

(1.) This application is filed under section 482 Cr.P.C. for quashment of private complaint filed by the respondent against the applicants on 23.05.2012 and order of the learned Judicial Magistrate First Class, Alot in Criminal Case No.244/2012 dated 23.05.2012 whereby the learned Judicial Magistrate took cognisance of offence against the accused Nos.4, 5, 6 and 7 arraigned in the complaint under sections 420, 467 and 468 of IPC and issued process against the accused persons. The accused Nos.5, 6 and 7 arraigned in the complaint are applicant Nos.1, 2 and 3 in the present petition under section 482 Cr.P.C. before this Court.

(2.) According to the applicants, a temple known as Shri Ram Mandir Khaki Ji is situated at Alot. The temple has some agricultural land which belongs to the deity. The Collector Ratlam issued an order dated 22.061989 and the land was recorded as belonging to the temple and Collector was appointed as Manager of the property. Initially, one Guru Bhagwandas Ji was Pujari of the temple and later on Mukunddas was appointed as Pujari by Sub Divisional Officer by order dated 06.06.1980. As per the allegation in the complaint, it is alleged that the land belonging to the temple was sold by Govindlal and Smt. Girjadevi, mother and father of Pujari Mukunddas to one Smt. Kamlabai on behalf of Mukunddas who was minor at that time. A civil suit was filed against Smt. Kamlabai challenging the sale deed in favour of her. This suit was dismissed on 20.02.1995. A criminal case at Crime No.263/1997 was also registered against Kamlabai, Govindlal and Girjadevi which was dismissed as abated after death of all the three accused persons named above. Thereafter, applicant No.1 applied for mutation for revenue record on 21.12.2009. It is alleged that applicant No.1 has executed power of attorney in favour of applicant No.2-Dr. Shikhar Jain and on the basis of this power of attorney applicant No.2 executed a gift deed in favour of applicant No.3-Smt. Deepika Jain on 22.03.2010 alleging that the accused persons committed cheating and forgery, the complaint was filed.

(3.) Applicants further avert that the disputed land was purchased by Mahant Prayagdas Ji from one Haridas Harsamal on 17.07.1920. According to them, the land never belonged to the temple, but it was private property of Mahant Prayagdas Ji and after his death, the property was devolved upon his successor. This fact came up for consideration in the civil suit filed against Kamlabai, Govindlal and Girjadevi. After attaining majority Pujari Mahant Prayagdas also granted his consent to the sale deed in question in favour of Smt. Kamlabai by his mother and father.