RAM KUMAR KALYAN Vs. RENUKA

JUDGEMENT

(1.) THE present petition has been filed by the petitioners under Section 482 Cr.P.C for quashing of Criminal Complaint No.18/2011 dated 15.06.2010/24.03.2011 under Sections 420, 467, 471, 506 and 120 -B IPC as well as Summoning Order dated 19.09.2011 along with Order dated 04.04.2013 passed by the Revisional Court.

(2.) BRIEFLY , the facts of the case are that respondent No.1 -Renuka was married to Nabheet Kalyan (since deceased) son of petitioners No.1 and 2 i.e Ram Kumar Kalyan and Om Lata Kalyan and out of the said wedlock, a daughter, namely, Ananya was born in June, 2007. Nabheet Kalyan died in a tragic incident on 22.04.2008. An FIR No.182 dated 23.04.2008 in this regard was registered under Sections 302/307/120 -B IPC and also under Section 25 of the Arms Act at Police Station Civil Lines Karnal. Renuka -respondent No.1 executed an affidavit before the Executive Magistrate Ist Class, stating therein that her brother -Shramvir (since deceased) was responsible for the entire occurrence. Thereafter, on 27.05.2008, two affidavits were executed by her, wherein, the factum of execution of a valid Will by her late husband was admitted. It was stated in the earlier affidavit that she had no objection, in case, the property of her husband is transferred in the name of her mother -in -law Om Lata Kalyan and her minor daughter Ananya. A Will was stated to be executed by deceased husband -Nabheet Kalyan, stating therein, that his entire moveable and immovable property including 1/2 share in the land measuring 87 Kanals 19 Marlas in Village Kairwali should be given to his motherOm Lata Kalyan and remaining 1/2 share of the above said land was bequeathed in favour of Ananya, the minor daughter of Renuka and Nabheet Kalyan. As per Will, said Nabheet Kalyan had also appointed Om Lata Kalyan, petitioner No.2 as the executor of the Will as well as the guardian of his minor daughter Ananya. Although, the affidavits executed by Renuka were identified by her father -Ranbir Singh, a practising lawyer at Karnal, thereafter, a criminal complaint dated 15.06.2010 was filed by Renuka, alleging therein that the Will of her husband has been forged just to deprive her of his share in the property. Renuka filed a suit for declaration with a consequential relief of permanent injunction to the effect that she along with Om Lata Kalyan and Ananya were the owners in equal shares of the properties. The suit filed by Renuka was sent to Permanent Lok Adalat but no amicable settlement was reached at and it was observed by the Presiding Officer that since the guardian of minor had not been appointed and interest of Om Lata Kalyan was adverse to that of the minorAnanya, the suit be sent back to the trial Court. After recording the statement of Renuka, said suit was ordered to be dismissed as withdrawn.

(3.) AN application was moved for restoration of order passed in the suit but the same was dismissed. Thereafter, a Civil Revision No.2496 of 2011 was filed before this Court to challenge the Order dated 08.02.2011 passed by Civil Judge (Sr. Divn.), Karnal, whereby, the application for restoration was dismissed. The revision petition was allowed on 05.09.2014 by this Court and application for restoration of suit was allowed.