BIR DEVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THROUGH this Crl. Misc. filed under Section 482 of the Code of Criminal Procedure, one Bir Devinder Singh has prayed for the quashing of the FIR No. 69 dated 11.9.92 registered at PS Sangat, District Bhatinda under Sections 420/467/471 IPC against Harnek Singh s/o Lal Singh, Darshan Singh s/o Thanna Singh, Harmit Singh and Gurcharan Singh.

(2.) FACTS : There was one Mrs. Nihal Kaur daughter of Jai Kaur widow of Harmit Singh. She was owner of 1/4 share in land measuring 720 kanal 13 marlas and also was owner of land measuring 64 kanal 9 marlas per jamabandi of 1989-80 situated in the area of village Jai Singh Wala. As per Gurcharan Singh son of Hazura Singh and Surjit Kaur wife of Harnek Singh, Nihal Kaur used to put up with them and they used to serve her. She executed Will in their favour on 10.5.92 wherethrough she willed away 5/6 share in favour of Gurcharan Singh and 1/6 share in favour of Smt. Surjit Kaur. As per them, as regards Kuldip Singh and Gurjant Singh sons of Harnek Singh, she mentioned that they never served her and never got her treated and they were putting up in village Killianwali, Tehsil Muktsar and with a view to usurp her land, they got her thumb impression on 1.7.91 on wasiatnama No. 161 which should be deemed to have been cancelled by her (Nihal Kaur) on 15.6.92. Gurcharan Singh and Surjit Kaur filed suit for declaration against Kuldip Singh alias Malkiat Singh and Gurjant Singh sons of Harnek Singh to the effect that they are entitled to inherit Nihal Kaur on the basis of will dated 10.5.92.

(3.) KULDIP Singh son of Harnek Singh made an application to DSP, Bhatinda wherethrough he prayed for the registration of case against Harnek Singh son of Lal Singh, Darshan Singh son of Thanna Singh residents of village Jai Singh Wala and Gurcharan Singh son of Hazura Singh resident of village Karamgarh Satran for having forged will dated 10.5.92 which was never executed by Nihal Kaur and which was thumb marked by some other woman. On that application this case was registered.