BALJIT KAUR AND OTHERS Vs. SURINDER SINGH

JUDGEMENT

(1.) This is a petition brought by Baljit Kaur and three others, namely, Charan Kaur, Amar Kaur and Randhir Singh, under the provisions of section 482 Cr.P.C. for quashing of complaint No.1 dated 19.2.2010 for an offence punishable under sections 148, 196, 200, 417, 419, 465, 467, 468 and 471 read with section 149 of Indian Penal Code pending with Judicial Magistrate Ist class, Mohali and the summoning order dated 4.8.2010 (Annexure P2) vide which the petitioners have been summoned to stand trial for an offence punishable under sections 200, 419, 465, 468, 471 read with section 149 IPC, in order to prevent abuse of process of the court as well as in the interest of justice.

(2.) Stating briefly, the necessary facts are that Ram Kishan alias Roda Singh had three sons and four daughters. Hazoora Singh son of Ram Kishan alias Roda Singh died in the year 1977 leaving behind two sons, namely, Harinder Singh and Harpreet Singh. On 4.7.1978 said Ram Kishan alias Roda Singh executed a Will in respect of his 13 kanals 16 marlas of land situated in village Sukhgarh, Tehsil and District Mohali in favour of his two sons, namely, Piara Singh and Amar Singh and two sons of his pre-deceased son Hazoora Singh giving 1/3 rd share each to his sons and 1/3 rd share in equal to the sons of his pre-deceased son. Shamsher Kaur, mother of respondent, Surinder Singh has been one of the daughters of said Ram Kishan and his other daughters had been Baljit Kaur, Charan Kaur and Amar Kaur, petitioners No. 1 to 3. Said Shamsher Kaur instead of challenging the Will and the mutation sanctioned thereon before the civil court, filed a criminal complaint on 19.2.2010 (Annexure P1) in which the Magistrate has passed an order dated 4.8.2010 summoning the petitioners as accused. The allegation of Shamsher Kaur, precisely had been that the affidavit submitted on behalf of the four sisters before the authority sanctioning the mutation had not been signed by her.

(3.) Learned senior counsel for the petitioners has submitted at the bar that petitioners No.2 and 3, namely, Charan Kaur and Amar Kaur have died during the pendency of the petition. According to him, petitioner No.4 is Randhir Singh, a son of Amar Singh, one of the sons of aforesaid Ram Kishan alias Roda Singh. According to him, the Will had been executed in favour of Piara Singh and Amar Singh the two sons and Harinder Singh and Harpreet Singh the two grandsons of Ram Kishan. He has submitted that since the Will was not executed in favour of Randhir Singh, petitioner No.4, he was not a beneficiary under the Will and there is no allegation that he had been instrumental in getting the affidavit of the four sisters submitted before the revenue officer sanctioning the mutation. He has also added that his father in whose favour the Will has been executed, is still alive. Learned senior counsel for the petitioners has further submitted that before the mutation was sanctioned, the petitioner had already left the country for New Zealand and he was not present in the country on the date of sanctioning of the mutation, i.e., 30.4.2003.