YOGENDRA Vs. STATE OF M P

JUDGEMENT

(1.) By filing this petition under Section 482 of Cr.P.C. the petitioner is praying for quashment of FIR No.257/13, registered on 17.6.2013 at police station Bhanwarkuwa, Indore. As per FIR, the petitioner had executed a family partition agreement in the year 2000 and according to the said agreement the property belongs to the whole family as distributed between them. On 13.10.2012, the petitioner, for the first time sent a notice through his counsel and stated that he had executed a family partition agreement in the year 2000. The objectors on receiving the aforesaid notice sent a reply and demanded a copy of the aforesaid so call agreement and had categorically stated that the said so called agreement was never mentioned / talked about / stated / cited / brought up / declared / pointed out / referred / revealed by the petitioner and after the lapse of 12 years the same was suddenly brought to the notice of present objectors. On 8.12.2012, the petitioner had sent the aforesaid alleged agreement to the objectors through its counsel. Agreement was executed on stamp paper of Rs.50/-. The partition of the properties were done on the consideration of Rs.55 lacs with further 6% interest per annum. The agreement does not contain any date on which it was executed and no name of any witness or no signature of any witness was present on the alleged agreement. The agreement not even registered or notarized. The objectors approached the hand-writing expert for verifying the signature of their husband / father. The hand-writing expert had given the report that the signature, which was there in the aforesaid alleged agreement was entirely differ from the signature of husband / father of the present objectors.

(2.) By the aforesaid agreement the partnership firm Khurana Stone, Khurana Construction, Yogpratap Builder and Rashmi Enterprises, which belongs to the whole family have been partitioned. The allegation against the petitioner that he had made false / concocted agreement and has forged the signatures. On 7.6.2013, the objectors had filed complaint before the police authorities.

(3.) It is alleged that the petitioner had illegally transferred shares of Khurana Construction Pvt. Ltd.. The shares of the said company belongs to the whole family. It is also alleged that the petitioner had earlier tried to take the possession of the property, which belongs to the present objector situated at 290, 300 and 301, Vishnupuri, Indore by force. On 29.10.2012, the present objectors filed a complaint to the police station Bhanwarkuwa, Indore. After investigation into the matter, the police authorities of the police station Bhawar Kuwa, has called the present petitioner to show the title of the aforesaid property, but the petitioner had never turned there. The petitioner is not co-operating and, therefore, the investigation is still pending before the Bhanwarkuwa police station, Indore. It is also alleged that the petitioner is habitual offender as the Special Court, Indore convicted him under Sections 13(1) (d) and Section 13(2) of the Prevention of Corruption Act, 1988 read with Section 120B, IPC, awarding a sentence of two years R.I. with fine of Rs.1.00 lac on 21.4.2011. The said conviction was for the commitment of fraud / cheating of Rs.27.00 lacs to the State Government in 'Sinhast 1992'.