In the present case, it is admitted that six brothers excluded seven sisters and got the land mutated in their name. It is also admitted that the present petitioners sold 1/6th portion of the land by registered sale deed. The peculiar facts in the present case are that the brothers from the very beginning knew that there were seven sisters also. No consent was taken from the respondent No. 2. She was never informed and surreptitiously the land was mutated in the names of all the six brothers. The contention of the learned counsel for the petitioners that the land was sold by them, their names were recorded as owner of 1/6th share, however, the fact remains that revenue records are not records of title. When Anandibai died in the year 2000, 1/13th share devolved upon respondent No. 2. Mere entry in the revenue record do not extinguish the right already accrued to respondent No. 2, therefore, the argument raised by learned counsel for the petitioners that the land was sold by them and they were owner of 1/6th share is not acceptable. In the revenue proceedings, petitioner No. 2 was one of the party. She acted on behalf of the petitioner Nos. 1 and 3 before the Police Station, However, now the plea is taken independently by petitioner No. 1 that he was not party to the proceedings, and therefore, he had no knowledge about the revenue proceedings. In view of the aforesaid, the contents of the FIR shows that there was a dishonest intention on the part of all the six brothers. At this stage, no case is made out for quashment of the FIR and related proceedings using extra ordinary jurisdiction conferred on this Court under Section 482, Cr.P.C.
IN THE HIGH COURT OF MADHYA PRADESH (INDORE BENCH)
M. Cri. C. No. 547 of 2016
Decided On: 21.09.2016
Mukesh Nigam and Ors. Vs. State of Madhya Pradesh and Ors.
Coram:Alok Verma, J.
Citation: 2017 CRLJ 620
