Case Title: Raghavendra Singh & 3 Others Vs U.P. State. and other
Division Bench: Justice Samir Jain
Citation: Application u/s 482 No. – 2300 of 2016
The Allahabad High Court on Thursday quashed the criminal case registered on account of an alleged forged registered will.
A bench of Justice Sameer Jain was considering the application filed under section 482 of CrPC. The complaint filed under sections 420, 468, 471, 506, 120B of IPC pending in the court of Additional Chief Judicial Magistrate was to quash the case.
In this case the complainant Raj Bahadur Singh, with the intention of usurping the property of the father-in-law of the opposition party No. 2, made a forged registered will of Vijay Bahadur Singh (father-in-law of the opposition party No. 2) in favor of his grandson, applicant no. 2 (daughter-in-law of Raj Bahadur Singh). ), carried out under the guardianship of.
In the Registered Will, Applicant No. 3 and 4 were witnesses and Opponent Party No. 2 came to know about the Fake Will only when the process of transmutation began and when he requested Raj Bahadur Singh and the Applicants to quash the Fake Will. refused to cancel it.
Counsel for the applicants submitted that, Opposite Party No. 2 filed a criminal complaint with malicious intent only to harass the applicants and the complaint does not disclose any criminal offense and for Opponent Party No. 2 before the Civil Court Effective remedy was available. Hence the complaint deserves to be dismissed.
Counsel for the Respondents submitted that, merely on the ground of the fact that the dispute is civil in nature, the pending proceedings against the applicants cannot be quashed as the complaint dated 05.07.2011 also discloses prima facie cognizable offenses against the applicants. Therefore, the application deserves to be rejected.
The High Court observed that there is no evidence on record on the basis of which it can be held that the said registered Will dated 30.11.2000 was forged.
The bench observed that “Opposite Party No. 2 has given the color of a purely civil dispute to a criminal offense. According to the allegation, on the basis of the forged will, the proceedings of mutation were terminated in favor of the applicants, but there is no evidence that the will, the registered will, was forged, so only the competent civil court has jurisdiction over the matter could do. decide the issue of whether the will in dispute was forged or not, but the opposing party number 2 did not choose to file a suit to annul the will, therefore, it appears that he may have lost his score through criminal proceedings. as criminal proceedings can be initiated very easily and can also harass the applicants. ,
The High Court observed that whether a will is forged or not can only be ascertained through evidence and documents by a civil court of competent jurisdiction, but the opposite party No. 2 did not challenge the will before any civil court. Granted, therefore, the disputed complaint can be dismissed in court. Exercising jurisdiction under section 482 Cr.P.C.
In view of the above, the High Court allowed the application and quashed the proceedings pending before the Additional Chief Judicial Magistrate.