RAMARANI Vs. STATE OF M. P.

JUDGEMENT

(1.) THE petitioners have filed this petition under Section 482 of Code of Criminal Procedure against the orders dated 08/03/2006, whereby the trial Court has taken cognizance against the petitioners for commission of an offence under Sections 420 and 120-B read with Section 34 of IPC. The petitioners also challenged the order dated 08/08/2006 passed by the Sessions Court in Criminal Revision No.115/2006. The respondent no.2 filed a private complaint under Section 200 of Cr. P.C. against the petitioners. She pleaded that her father-in-law Shri Shri Ram Verma was died on 23.01.1974, leaving behind his widow Smt. Nand Rani Verma, six sons and one daughter. Mr.Ramesh Chander Verma was husband of the respondent. Thereafter, a family settlement was arrived at among the legal heirs of Late Shri Shri Ram Verma. A family settlement deed was executed on 16-10-1976 and it was signed by all the heirs. At that time, Mr. Vinod Kumar and Shri Vijay Kumar were minors and on their behalf, Smt. Nand Rani Verma singed the deed of family settlement. Smt. Nand Rani Verma was died on 06/06/2001, leaving behind no Will. Husband of the respondent no.2 Shri Ramesh Chander Verma was also expired on 21-02-2003 and after his death, the complainant acquired right of ownership in the properties of her husband. Smt.Nand Rani Verma leaving behind the property at A.B. Road, ad-measuring 236.82 sq.mtrs and thereafter, when the share was not given to the complainant, a civil suit No.32/2003 (New No.42-A/2004) was instituted. However, respondents nos.3 to 6 (in the complaint) fraudulently sold the property vide a registered sale deed to the respondent- accused no.10 (in the complaint) on 04/12/2003 for a consideration of Rs.23,50,000/-. An injunction order was also passed by the trial Court. respondents- accused nos.1 and 2 (in the complaint) also instituted a suit bearing Civil Suit No 6-A/ 2004 for declaration and permanent injunction. The respondent no.2- complainant pleaded that the accused- non-applicants therein fraudulently got mutation of the said property on the basis of a fabricated Will and thereafter, they sold the property, hence, committed an offence.

(2.) ON the basis of oral evidence recorded by the trial Court, the Magistrate vide order dated 08.03.2006 had taken cognizance against the eight accused persons, including the present petitioners for commission of an offence under Sections 420, 120-B read with Section 34 of IPC. Against the aforesaid order, a revision was filed, that was also dismissed. Thereafter, the present petition under Section 482 of Cr.P.C. is filed by the petitioners before this Court and it was dismissed vide order dated 24-04-2009. Subsequently, the petitioners filed an appeal before the Hon'ble Supreme Court and the Hon'ble Supreme Court in Special Leave Petition (Criminal) No.6360 of 2009] passed the following order:-