L. KUMARAGURU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned petition is filed by accused Nos.1 to 3 who have sought for quashing of the proceedings pending in PCR.No.9807/2016 for the offences punishable under Ss. 109, 209, 420, 465, 467, 468, 471, 472 read with Sec. 34 of IPC.

(2.) The gist of the complaint filed under Sec. 200 of Cr.P.C. is as under: The respondent No.2-complainant claims that one D.Saraswathi Bai during her lifetime has bequeathed the properties bearing Old No.30/1, New Nos.49, 50, 51 and 52 consisting of ground floor, first floor, second floor and third floor, situated at Railway parallel Road, Kumarapark West, Bengaluru, by executing registered Will dtd. 24/4/1980 in favour of complainant. The complainant has further contended that testator D.Saraswathi Bai died on 8/9/1980. After the death of testator, complainant claimed that he got his name mutated in respect of schedule 'A' property by virtue of the Will, while accused Nos.1 to 3 who are beneficiary under the Will got their names mutated to schedule 'B' property. The complainant further has alleged that accused Nos.1 to 3 have sold portion of schedule 'B' property on 18/10/1987 and remaining portion is mortgaged on 11/5/1987.

(3.) The grievance of respondent No.2-complainant is that petitioner No.1/accused No.1, for the first time, has set up a Will dtd. 19/8/1980 alleging that respondent No.2 has bequeathed schedule 'A' property. The complainant alleges that this Will is a concocted and forged document and based on forged and fabricated document, accused No.1 has filed a petition seeking probate in P&SC No.25014/2012. The complainant alleges that the petitioners and respondent No.2 have acted upon the registered Will dtd. 24/4/1980 and Katha are effected in terms of the registered Will dtd. 24/4/1980. The complainant alleges that petitioner No.2/accused No.2 has also filed a suit in O.S.No.3020/2002 which is pending consideration on the file of the Additional City Civil Judge. The complainant alleges that though petitioner No.2 is also asserting ownership over schedule 'A' property, he has not whispered about fabricated Will relied on by accused No.1 in probate proceedings. The complainant also alleges that petitioner No.3/accused No.3 has also filed a miscellaneous petition in respect of schedule 'A' property which is dismissed. The complainant alleges that he has sold a portion of first floor of property bearing No.50 which is later assigned new No.50/1 to his sister A.Geetha and two daughters under registered sale deed dtd. 29/11/1993. The complainant has also alleged that accused No.3 has filed a frivolous suit in collusion with accused Nos.1 and 2 in O.S.No.8391/2001. The complainant's grievance is that Will dtd. 19/8/1980 and undertaking letter dtd. 20/6/1980 are forged documents and these are produced for the first time in probate case by accused No.1 on 3/4/2012 and therefore, the complaint is filed for the offences punishable under Ss. 109, 193, 195, 209, 420, 465, 467, 468, 471 , 472 read with Sec. 34 of IPC.