After Complainant Gets Back 19 Gunthas, Gujarat HC Quashes Land-Grabbing FIR Against Accused

The petitioner claimed ownership of land in Survey No. 116, Village Jambudi, through registered sale deeds and corresponding revenue entries

Respondent No. 4 alleged that the petitioner had encroached upon part of respondent’s land in Survey No. 115. Following a decision of the District Level Committee, an FIR was registered against the petitioner under Sections 4(3) and 5(c) of the Gujarat Land Grabbing (Prohibition) Act, 2020

The petitioner was arrested and later released on regular bail

The bail court recorded that the approximately 19-guntha portion had been returned to the complainant and that the complainant was in possession

The petitioner then sought quashing of the FIR under Section 482 of the Code of Criminal Procedure

The Court exercised its inherent jurisdiction under Section 482 CrPC to secure the ends of justice and prevent a futile continuation of proceedings

The FIR alleged offences under Sections 4(3) and 5(c) of the Gujarat Land Grabbing (Prohibition) Act, 2020

The Court relied on State of Haryana v. Bhajan Lal, AIR 1992 SC 604, as authority for quashing criminal proceedings in an appropriate case to secure the ends of justice

The Court relied on the bail court’s record, including the complainant’s statement and the Investigating Officer’s report, which indicated that the disputed land had been handed back and was then in the complainant’s possession

It treated the restoration of possession as leaving no continuing cause for the FIR and concluded that further proceedings would be futile

Applying its Section 482 jurisdiction and relying on Bhajan Lal, the Court considered quashing appropriate to secure the ends of justice

The Rule was made absolute