TARSEM LAL Vs. KOER CHAND

JUDGEMENT

(1.) TARSEM Lal and others filed this petition under Section 482 of the Code of Criminal Procedure for quashing the complaint dated 18.3.1992 Annexure P-1 and summoning order passed by Judicial Magistrate Ist Class, Fazilka Annexure P-2 whereby the petitioners were directed to face trial under Section 420 read with Section 120-B of the Indian Penal Code.

(2.) THE brief facts relevant for the disposal of this petition are that Koer Chand and Shambhu Nath respondents filed a complaint against the petitioner in the court of Judicial Magistrate IInd Class, Fazilka on the allegations that House No. 3986 situated on Bikaneri Road, Fazilka was owned by Sardi Devi wife of Gurdit Chand. After the death of Sardi Devi the house was inherited by her husband Gurdit Chand and her seven sons and one daughter. Gurdit Chand died and his share was also inherited by his sons and daughter. One of the sons of Sain Dass also expired and Shambhu Nath, his brothers and sisters become owners of his share in the house. Petitioners No. 1 to 6 were co-owners but in connivance with petitioners No. 7 and 8 they sold the house on that they were not exclusive owners of the house and the complainants had also a share in the same. The house was actually sold for Rs. 2.50 lacs but in the sale deeds the sale price was shown as Rs. 20,000/- and 22,000/-.

(3.) THE petitioners alleged that Gurdit Chand was the owner of the house which was his self acquired property and he bequeathed the same to them vide a registered Will. They continued to be in possession of whole of the house till 13.1.1992 without any objection. On the basis of the registered Will they could transfer the same and if the respondents had any grievance they could approach the Civil Court to challenge the legality and validity of the Will. The dispute between the parties was purely of a civil nature and no offence under Section 420 read with Section 120-B of the Indian Penal Code was made out. The civil dispute could not be allowed to be converted into a criminal offence for ulterior motive.