LAWS(ALL)-2007-2-239

ABDUL MALIK Vs. STATE OF U P

Decided On February 15, 2007
ABDUL MALIK Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) B. A. Zaidi, J. One Nihal Ahmad of Mohalla Raiwa in district Saharanpur is said to have made a will dated 23-3-1976 copy of which is on record by which he gave half of his immovable property t (c) his three sons and half to one (c)f his sister's son one Abdul Wahab.

(2.) THE opposite-party No. 2 Mohd. Yusuf son of the testator Nihal Ahmad lodged a First Information Report against the aforesaid abdul Wahab in favour of whom the will had been executed and the two attesting witnesses of the will, which was registered on the orders of the Magistrate under Section 156 (3) Cr. P. C.

(3.) ONE of the two attesting witnesses has filed this application for quashing of the charge-sheet on the ground that the matter is of a civil nature and should not proceed in the Criminal Courts and there has been a compromise between the three accused in the case and the brother of the complainant, one of the sons of deceased Nihal.