SUBHANK PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS application under Section 482, Cr. P.C. has been filed with a prayer to quash the entire criminal proceedings of criminal case No. 2542 of 2008 arising out of crime No. 218 of 2008 under Sections 209, 420, 467, 468, 471, 120B and 506. I.P.C., P.S. Milak. District Rampur. State v. Subhank Prakash and others pending in the court of A.C.J.M. -1, Rampur. Heard Sri Viresh Misra, senior advocate assisted by Sri Shushil Shukla. learned counsel for the applicants, learned A.G.A. for the State as well as Sri Manish Tiwary, learned counsel for the complainant.

(2.) THE facts are that F.I.R. in this case was lodged on the basis of order dated 7.3.2008 passed by Additional Chief Judicial Magistrate. Rampur on an application under Section 156 (3), Cr. P.C. filed by the complainant Indrapal Singh -opposite party No. 2 against Shubhank Prakash and Smt. Archana Gangwar (applicants) and co -accused Pradeep Singh. Rakesh Kumar, Shanker Lal and Devesh Kumar. It was alleged in the application that the complainant was a partner in the registered firm M/s. A.S. Associates, 25A. Model Town, Bareilly. Jai Prakash and Digvijay Pal Singh were real brothers and had 50% share each in gata Nos. 41, 43, 61, 62 measuring 1.1290 hectares situated at Milak Asadullahpur, Tehsil Milak. District Rampur. They had other properties also. After the death of Jai Prakash, his son Shubhank Prakash and wife Smt. Archana Gangwar (applicants) became owners of half share belonging to Jai Prakash whereas the remaining half share of Digvijay Pal Singh was inherited by his wife Smt. Neerja Gangwar and consequently their names were entered in the revenue records. The agricultural land was got declared as abadi under Section 143 of the U. P. Z.A. and L.R. Act by means of an application moved by Smt. Archana Gangwar wherein Smt. Neerja Gangwar was shown as co -sharer. The complainant purchased 4896 sq. mtrs. land out of half share of Smt. Neerja Gangwar in gata Nos. 41, 43, 61 and 62 from Smt. Neerja Gangwar for a sum of Rs. 65 lacs on 20.9.2007 through registered sale deed. Late Digvijay Pal Singh did not execute any Will as his wife was the only heir. Accused Shubhank Prakash and Smt. Archana Gangwar in collusion with the other co -accused, prepared forged Wills of Digvijay Pal Singh and his mother Resham Pyari @ Resham Devi with intention to take undue benefit and filed the forged Wills in the Court of S.D.M., Rampur with their objections against the mutation proceedings. It was further alleged that in the year 2004, Smt. Archana Gangwar executed various sale deeds alongwith Smt. Neerja Gangwar as co -sharer. Smt. Neerja Gangwar also executed two sale deeds in the year 2007 wherein Smt. Archana Gangwar signed as a witness and thus admitted Smt. Neerja Gangwar to be a co -sharer. It was further mentioned in the application under Section 156 (3), Cr. P.C. that on the basis of forged Wills of Digvijay Pal Singh and Smt. Resham Pyari, the applicants wanted to grab the property of the complainant.

(3.) SRI Viresh Misra, learned senior advocate submitted on behalf of the applicants that Smt. Neerja Gangwar was not the sole heir of Digvijay Pal Singh. Digvijay Pal Singh left his mother Resham Pyari @ Resham Devi and his young wife Smt. Neerja Gangwar at the time of his death. In the year 2002, Digvijay Pal Singh executed a Will in favour of the applicants as well as his wife Smt. Neerja Gangwar. He was suffering from lever cancer. It was mentioned in the Will that he was being looked after by his wife, sister -in -law (applicant No. 2) and nephew (applicant No. 1). There was a provision in the Will that after his death, if Smt. Neerja Gangwar decided to remarry, she would be given a sum of Rs. 5 lacs by the applicants and his property shall be inherited by the applicants, but if Smt. Neerja Gangwar did not remarry, she would be entitled to inherit 1/10 share of the property of Digvijay Pal Singh and remaining 90% share shall be inherited by the applicants. Learned counsel for the applicants submitted that purpose of the Will was that the family property must remain in the family. He further submits that at the time of death of Digvijay Pal Singh, his mother Resham Pyari @ Resham Devi was alive and she also executed a Will on 12.12.2002 in favour of his grandson Shubhank Prakash (applicant No. 1), who was a minor at that time.