LAWS(DLH)-2007-10-403

SARWAN KUMAR MALHOTRA Vs. A K MALHOTRA

Decided On October 22, 2007
SARWAN KUMAR MALHOTRA Appellant
V/S
A K MALHOTRA Respondents

JUDGEMENT

(1.) Petitioners are the real brothers of the complainant. Petitioners seek quashing of a complaint filed by their brother under Section 156(3) of the Code of Criminal Procedure alleging offences purportedly committed by the petitioners under Section 406/420/468/471/120-B IPC.

(2.) According to the complaint, the father of the 3 brothers expired on 1.4.1992. That petitioners forged a will purportedly executed by their father on 28.2.1992 and acting under the forged will usurped the residential house of the father.

(3.) Seeking quashing of the complaint it is pointed out that the will in question is a registered will. The will gave life interest to the mother and on her death petitioners were the beneficiary of the property. Petitioners additionally rely upon the registered gift deeds dated 15.3.1996 executed by their mother in their favour exhilarating bequest.