LAWS(MPH)-2015-9-33

PUSHPA DEVI AND ORS. Vs. STATE OF M.P.

Decided On September 16, 2015
Pushpa Devi And Ors. Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) THIS application is filed under section 482 of Cr.P.C. for quashment of FIR registered at Police Station - Agar, District - Agar in Crime No. 364/2013 under sections 420, 465, 468, 471 and 120 of IPC.

(2.) THE brief facts giving rise to this application are that respondent No. 2, who was posted as a Revenue Inspector, Circle - 1, Agar, took a letter written by Tehsildar Agar, dated 13.08.2013 addressed to Station Incharge, Police Station - Agar. In the letter, it was stated by Tehsildar that the land bearing survey No. 67/3 was originally recorded in the name of Mohsin Ali. Said Mohsin Ali sold the land on 05.05.1990 to Smt. Vidya Jain W/o Vimal Jain in which total area was shown as 031 Are. Subsequent to this, the land was sold to the present applicants by said Vidya Jain on 03.03.2006 by registered sale deed bearing No. 1024. Part of the same survey number was also sold by another sale deed bearing No. 1025 dated 30.03.2006 by Smt. Vidya Jain to Prem Narayan and Gyaneshwari Devi. In the letter, it was mentioned that parties to the sale deed and the officers at Sub Registrar Office deliberately executed the sale deed for land showing area much larger than what is recorded in the revenue record in relation to survey No. 67/3.

(3.) ACCORDING to the present applicants, when they detected the mistake that area of the land was wrongly mentioned in the sale deed, the seller and purchaser of the land entered into compromise and then, they got the correction deed executed by which, the area was corrected matching the area of survey No. 67/3 which was 0.027 Are. According to them, this is only a bonafide mistake and it was a civil matter and unnecessarily criminal case was registered by the police.