ORDER
T.K. Chandrashekhara Das, J.
1. Heard learned counsel for the Petitioner.
2. Rule made returnable forthwith.
3. The Petitioners approach this Court for quashing criminal proceedings initiated by the Respondent No. 2 before the Judicial Magistrate First Class, Vadgaon, Maval, District: Pune in R. C. C. No. 145/1997. The allegation before the Magistrate was that the sale-deed came to be executed in respect of the land belonging to the 2nd Respondent in favour of the 1st Petitioner. The allegation is that he played fraud by misleading the 1st Respondent, owner of the land who got executed sale deed by means of fraud. Therefore, the Petitioner was implicated under Sections 416, 420, 423, 464, 468 etc. IPC. The learned Magistrate examined the complainant and took cognizance of the case.
3-A. According to me, in the light of the allegations, it is only a matter of civil dispute. Moreover, the execution of the sale deed cannot be done between the parties without the aid of the official machinery. Therefore, the sale deed executed according to law under the supervision of authorities prescribed under the Registration Act is presumed to be legal and valid, unless and until it is declared null, void and illegal by a Court of competent jurisdiction. Unless this is done, every act of execution of the documents is to be presumed to be legal. Only because the allegation made before the Magistrate, without any collateral evidence for supporting the allegations, the Magistrate ought not to have taken cognizance of the offence. One can understand, on exceptional circumstances where on clinching materials to form a prima facie case that there might be a fraud or cheating in execution of documents, the criminal Court in entertaining such complaint. It is not the case here. Even nature of the allegations spell out a genuine civil dispute.
4. In view of this, merely on the basis of allegation of the seller, without any other collateral and supporting evidence, the Magistrate has taken cognizance of the offence in this case. According to me, it is case of clear abuse of process of Court and it is a fit case to invoke the Court’s jurisdiction under Section 482, Criminal Procedure Code, to quash that proceeding.
5. In the result, this application is awkward. Proceedings RCC No. 145/97 on the file of Judicial Magistrate, First Class, Vadgaon Maval, District Pune is quashed.
6. Rule made absolute in the above terms.