SANJEEV PALIWAL Vs. AJAY KUMAR PALIWAL

JUDGEMENT

(1.) Applicants filed this petition under Section 482 of the Cr.P.C. for invoking the inherent power for quashment of Criminal Case No.2212/2014 registered in the Court of JMFC, Bhopal, whereby the trial Court, by the impugned order dated 23.12.2014 has dismissed the application filed by the applicant, for dismissing the complaint on the ground of the death of complainant-Smt. Sumitra Bai Paliwal.

(2.) Facts giving rise to this petition, in short, are that Smt. Sumitra Bai Paliwal and Ajay Kumar Paliwal s/o Smt. Sumitra Bai Paliwal jointly filed complaint against Shri Sanjeev Paliwal who is the son of Smt. Sumitra Bai Paliwal under Section 200 before the Court of JMFC, Bhopal alleging therein that the complainant Sumitra Bai is a widow women. A shop No.3 situated in House No.45, Janki Bhawan, Marwadi Road, Bhopal is in sole ownership of Smt. Sumitra Bai. Her husband died in 1992. She purchased this shop from the previous owner Smt. Krishnakanti by a registered sale- deed. She never sold out this shop to his son Sanjeev Paliwal and daughter- in-law and not transferred the possession of that shop to them. The applicant Sanjeev Paliwal is arrayed as an accused in that complaint. The main allegation in the complain against the applicants is that they in collusion and conspiring with the other person trying to grab the questioned shop and for that they created so many forged documents and on the basis of that proceeded to grab title and possessoion of the shop. Hence, both the complainants filed a complaint for the offence punishable under Sections 192 , 420 , 467 , 468 , 471 and 120-B of the IPC against both the applicants.

(3.) For prosecuting the complaint further, Smt. Sumitra Bai Paliwal recorded her statement and complainant No.2 also recorded his statement and produced some witnesses. Learned Court of JMFC registered a complaint case against the applicant vide order dated 18.03.2014 under Sections 420 , 467 , 468 , 471 and 120-B of the IPC and issued notice for appearance to the applicants. Applicants appeared before the trial Court. During pendency of the complaint, complainant-Smt. Sumitra Bai Paliwal died on 02.05.2014. The applicant filed an application on 07.11.2014 for quashing the complaint on the basis of that the complainant Smt. Sumitra Bai Paliwal has been died. Learned trial Court after hearing both the parties passed an order dated 23.12.2014 and observed that a complaint registered for the offences are not compoundable and offences are cognizable and complainant No.2 Ajay Kumar Paliwal is still living and on that basis, dismissed the application and continue the proceeding of the complaint. Court issued arrest warrant against Subhash Gude who has been arraigned as an accused in complaint.