AJAY PANDEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) INVOKING extraordinary jurisdiction of this Court under Section 482 of the code of Criminal Procedure (hereinafter referred to as the 'code') petitioner ajay Pandey has filed this petition for quashing the FIR dated 18-5-2006 lodged in Police Station, Habibganj, Bhopal and registered at Crime No. 466/2006.

(2.) THE petitioner has stated that he and respondent Nos. 2 and 3 are son and daughters of late R. K. Pandey, retired Senior Member of Indian administrative Service. R. K. Pandey expired on 21-5-2005 at Bhopal. He, before his death executed a will on 17th April, 2005 in presence of Ravindra tiwari, a family friend and Advocate of more than 20 years standing and Rakesh tiwari, a Senior Officer with the Government of Madhya Pradesh. Late R. K. Pandey constructed a house situated at E-l/86, Arera Colony, Bhopal. He also left behind cash and other items of jewellery. By the aforesaid will the said house was bequeathed to the petitioner being the only son and for other deposits and investments amounting to Rs. 20 lacs nominated younger daughter, respondent no. 2. Before his death R. K. Pandey, handed over papers of immovable property to the petitioner and of deposits and other investments to respondent no. 2.

(3.) IT was further alleged by the petitioner that after the death of the father, the respondent No. 2 acting as nominee had withdrawn the entire amount; from the saving bank deposits and other investments amounting to rs. 20 lacs. There was no dispute between the petitioner and the respondents in regard to the distribution of the assets. After withdrawing Rs. 20 lacs the respondent No. 2 insisted that she be also given share in the immovable property. The petitioner tried to convince the respondent No. 2 that, pursuant to the will of late father she already has her share and it was for this reason that their late father had delivered the papers relating to the house to the petitioner and papers relating to other items to her, therefore the wishes of the father must be respected but the respondent No. 2, playing in the hands of some unscrupulous elements made an application in the office of the revenue authorities for incorporation of her name in the revenue papers. She also filed a civil suit for partition of the property, possession and injunction in the Court of additional District Judge, Bhopal, which is registered as Civil Suit No. 146-A/2005, copy of which has been filed as Annexure P-2.