DR. MUKESH NIGAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application is filed under Sec. 482 Crimial P.C. for quashment of FIR and charge sheet arising out of crime no.698/2015, Police Station Banganga, district Indore in which along with other co-accused, the petitioners are also arrayed as accused.

(2.) The relevant facts that emerge from the record are that the disputed land situated in village Jakhia, Tehsil Sanwer was recorded in the name of Smt. Anandi Bai, who died in the year 2000. Late Anandibai and her husband Keshorai had six sons. The eldest son Chaturbihari @ Chaturbhuj Nigam is husband of petitioner no.2 and father of petitioner nos.1 and 3. After death of Anandibai in the year 2000, her six sons filed an application for mutation before the Tehsildar excluding seven sisters, including respondent no.2. It is further alleged that respondent no.2 married against the wishes of her parents late Keshorai and Anandibai and therefore, she was disowned by them and also she was excluded from the family property. However, it is an admitted fact that both Keshorai and his wife died intestate.

(3.) According to respondent no.2, she came to know about the mutation application filed by her brothers only in the year 2010 and then she filed an appeal before the Sub Divisional Officer, interim stay was granted against all six brothers restraining them from selling the suit property. A final order was also passed in favour of respondent no.2, in which it was held that respondent no.2 has 1/13th share along with her brothers and sisters who were 13 in number including respondent no.2. Subsequently, it was alleged by respondent no.2 that petitioners sold part of the disputed land showing themselves owner of ?th share, while they were only having 1/13th share and thereby committed criminal offence under Sec. 420/34 of IPC.