SMT. ABHA Vs. STATE OF UTTARANCHAL AND ORS.

JUDGEMENT

(1.) THIS application has been moved to invoke the powers of this Court under Section 482 of Code of Criminal Procedure with the prayer to set aside the summoning order dated 14.2.2003 passed in criminal complaint case No. 2853 of 2002, Ganga Prasad v. Smt. Abha Agarwal and further to quash the order dated 26.7.2005 passed in criminal revision No. 41 of 2003 by the Additional District & Sessions Judge/IV FTC, Dehradun.

(2.) BACKDROP of the criminal complaint is that there is some dispute of ownership over a residential house between Ganga Prasad and Smt. Abha Agarwal. Ganga Prasad, the complainant (opposite party No. 3) claims the ownership over the residential house situated in Dehradun city on the basis of succession being the grandson of one Sri Dinanath, who expired on 10.9.1970 while Smt. Abha Agarwal claims the ownership of the house on the basis of a will, allegedly executed by Sri Dinanath on 7.7.1970, which is almost two months before he expired. Smt. Abha Agarwal claims herself to be the tenant in one portion of the house ever since in the life of Sri Dinanath and she states that due to the service extended by her in the old age of Sri Dinanath, the bond of love strengthened between the two and since Sri Dinanath had no legal heir to succeed, executed the alleged will on dated 7.7.1970 in favour of Smt. Abha Agarwal, who was living in the house as a tenant along with her husband.

(3.) A civil suit No. 738 of 1999 was filed by Smt. Abha Agarwal against Sri Ganga Prasad Sharma for declaration and permanent injunction and that suit was decreed in favour of Smt. Abha Agarwal. Sri Ganga Prasad Sharma was restrained not to interfere in the peaceful possession of Smt. Abha Agarwal and the latter was declared the owner of the property in dispute by Civil Judge (Senior Division) Dehradun on the basis of the will in question.