AMRIK SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Amrik Singh has filed this petition under Section 482 of the Code of Criminal Procedure for quashing First Information Report No. 154 dated 14.5.1988 under Sections 468, 471, 467 and 420, I.P.C. registered at Police Station, Sadar, Kamal and report under Section 173, Cr. P.C. as well as subsequent proceedings arising there from.

(2.) The above referred case was registered against the petitioner and Kartar Singh, Jagat Singh his maternal uncles and his sister Mohinder Pal Kaur at the instance of Ajit Singh brother of the petitioner, who made a complaint in the Court alleging that his father owned landed property and although he resided in Bangkok since 1962 his father had no intention to deprive him of his due share in the property. After the death of his father the petitioner and his co accused in order to deprive him of the property owned by his father forged a will dated 5.1.1972. It also purported to be signed by him although at that relevant time he was in Bangkok. The Will was executed in favour of Amritt Kaur mother and Mohinder Pal sister of the petitioner with a view to get the property from them subsequently. This forged will was produced before Tehsidar, Kamal at Jundla where the petitioner and other accused stated that the will was genuine. In a civil suit the said will had been set aside and was not found to be a valid will.

(3.) The petitioner alleged that in the year 1985 the complainant filed a civil suit challenging the validity of the will. The allegations in the Civil Suit were that will was obtained by his mother and sister fraudulently, by exercising undue influence on the teatator and that it did not bear the signatures of the complainant A compromise was effected in the civil suit and the will was declared null and void vide judgment dated 22.4.1988 copy of which was Annexure P/2. Since the matter had been adjudicated by the civil Court where there was no plea of any forgery against anyone, the criminal proceedings were liable to be quashed. In the return filed by the respondent it was alleged that on the basis of the will mutation was sanctioned in the names of Amrit Kaur and Mohinder Pal Narula but the will was a forged document. Although signatures of the complainant were found on the will but during investigation it was revealed that his signatures were obtained on a blank paper on which the will was forged.