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Uday vs State

High Court Of Gujarat|28 January, 2010
The petitioners are the original accused. They seek quashing of the complaint Annexure-A. Complaint arises out of land dispute between the petitioners and complainant. It is the case of the petitioners that they have paid Rs. 61 lakhs, which is also not denied by the complainant, for purchase of land. The complainant has filed the complaint with malicious intention to get out of the deal and pressurize the petitioner.
At this stage, in quashing petition, it is not possible for me to conclude the issues as suggested by the Counsel of the petitioner. Allegations made in the complaint if taken on face value do disclose commission of offence punishable under the IPC. Power of quashing therefore, cannot be exercised.
I however, record the concern of the petitioners that the allegations made in the complaint have been exaggerated. It is pointed out that though the complaint alleges a sword blow, a bare abrasion is stated to have been caused as a result thereof. Counsel further pointed out that though a gold pendant is alleged to have been stolen, police found that same was found on the spot.
For the reasons recorded above, it is not possible to exercise quashing powers. However, I am sure the investigating agency will bear in mind all the aspects of the matter before filing final report.
Disposed of accordingly.
(Akil Kureshi,J.) (raghu) Top
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