LILY NATH AGARWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India is filed by the petitioner for quashing the F.I.R. dtd. 27/11/2023 being FIR No.0307 of 2023, for the offence punishable under Ss. 420 & 120-B of IPC, registered at Police Station Mukhani, District Nainital and further to direct the respondents not to take any coercive action against the Petitioner in pursuance of the abovementioned F.I.R..

(2.) The Petitioner, Lily Nath Agarwal, is a person of Indian origin and presently a citizen of Australia. She has been residing and working in Sydney since 1990. Her father, Late Badri Nath, inherited ancestral properties situated at Delhi, Haldwani and other locations.

(3.) Upon the death of the Petitioner's father on 7/5/2011, the Petitioner and her five siblings, including Respondent No. 4, became joint successors to the ancestral property. Following disagreements within the family, a Panchayat meeting was convened on 12/5/2011, and a unanimous resolution was passed that all properties of Late Kailash Nath, the father of Late Badri Nath, would be equally divided among the legal heirs. Respondent No. 4 did not attend the Panchayat meeting.