KAVITA TIWARI vs MEERA TIWARI AND ANOTHER

This petition has been preferred by the petitioner under section 482 of the Cr.P.C. seeking quashment of the FIR registered vide Crime No.580/2012 at Police Station Multai, District Betul, for the offences punishable under sections 406, 420, 207 and 120-B of the I.P.C. and the entire proceedings pending pursuant thereto.

Having considered the contention advanced by learned counsel for the parties and on perusal of record it is found that the applicant has been implicated in this case only on the ground that he being the Sub Registrar, Multai, has allowed registration of the sale-deed in question which was executed by one co-accused Mahadev Prasad being the Chairman of the Bhagwan Ramchandraji Trust Temple, Multai, regarding the land having area 6.932 hectares situate at village Multai, District Betul to the third party after taking permission from the Registrar, Public Trust. It is alleged that the permission for selling the land was taken on the submission of false information to the Registrar, Public Trust. Therefore, the Chairman has committed fraud and cheating in execution of the saledeed.

The applicant has been implicated in this case during investigation only on the ground that he willfully failed to ensure payment of consideration into account of temple and he has also not inspected the spot to assess the value of the property and status of the land. These circumstances show that the applicant hatched the conspiracy with the Chairman of the Trust in order to execute the aforesaid sale-deed.

Having considered the contention advanced by learned counsel for the parties and on perusal of record, it is found there is no iota of material to connect the applicant with the alleged crime. Higher officers of the applicant have made enquiry regarding the aforesaid allegations. The enquiry reports are annexure P/1 and P/2. According to them the applicant has no role in the alleged incident except registering the saledeed. He has not violated any rules or direction regarding registration of the document and at the time of registration of the sale-deed, the Chairman had permission to sell the land. If the Chairman has received permission from the Registrar, Public Trust on the basis of false and fabricated information and executed the sale-deed. No such responsibility can be fastened on the applicant with regard to the wrong committed by the Chairman on the basis of alleged shortcomings in discharging his duties as a Sub Registrar. In other words, it cannot be said that he hatched conspiracy with the executor of the sale-deed to cheat anybody. Therefore, the applicant''s prosecution for the aforesaid offence is apparently misuse of the process of the court and shall cause great injustice to the applicant.

In view of the above discussion, the application is allowed and it is directed that the FIR registered against the applicant at Police Station Multai, District Betul vide Crime No.580/2012 for the offence under sections 406, 420, 207 and 120-B of the I.P.C. and the consequential proceedings to the extend they are concerned with the present applicant are hereby quashed.