RAMPYARI Vs. MANGALDEV

JUDGEMENT

(1.) This application is filed by the applicant for quashing proceedings initiated against her for offence under Sections 417, 419, 420/511 and 506-B of Indian Penal Code. Respondent No.1 Mangal Dev has filed a complaint in the Court of Judicial Magistrate First Class, Gwalior alleging therein that applicant has committed offence under Sections 417, 419, 420/ 511 read with Section 506 - B of Indian Penal Code. It is alleged in para 4 of the application that in order to grab the property of deceased Shivnarayan, applicant with common intention claimed herself to be wife of deceased and she tried to secure the amount deposited by deceased Shivnarayan in. the Bank. It is alleged that applicant impersonated herself to be widow of deceased and attempted to withdraw the amount of deceased.

(2.) I have gone through the evidence recorded by the Court before issuing notice after receiving application under Section 200 of Code of Criminal Procedure. It is stated that applicant tried to withdraw the amount, however, document filed to prove the allegation only discloses that applicant has moved an application stating that: dues of late Shivnarayan be not paid without proper enquiry. On the application of the applicant, bank has ordered that the payment should be made after proper Succession Certificate Tis produced. It does not appear that applicant claimed the amount. She only intimated the Bank that amount should not be disbursed without proper enquiry. Thus, in these circumstances and from documents on record attempt by applicant to withdraw the amount of deceased Shivnarayan is not reflected.

(3.) In these circumstances, the application succeeds and is allowed and the proceedings against applicant filed by respondent in the Court of Judicial Magistrate First Class, Gwalior, are quashed. Application allowed.