GURRNEJ SINGH Vs. SOM NATH

JUDGEMENT

(1.) THE prayer in this petition filed by the petitioners under Section 482 of the -Code of Criminal Procedure, 1973, is to quash Criminal Complaint Annexure P-i filed by the respondent under Sections 420/467/468/ 471, Indian Penal Code. A perusal of the complaint shows that there are allegations against the petitioners having forged sale deed. So far as petitioner Nos. 2 and 3 Arnandeep Singh and Harpreet Singh are concerned, it is established on record that they are minors of the age 9 years and 7 years respectively. THEy are the beneficiaries of the alleged forged sale deed. Neither in the complaint nor in the preliminary evidence, their ages were mentioned and inasmuch as they were beneficiaries of the sale deed, these two were summoned to stand their trial under Sections 420/467/468/471, Indian Penal Code. In so far as petitioners other than petitioner Nos. 2 and 3 are concerned, there are definite allegations against them and it cannot on reading of the complaint be said that no offence is made out or disclosed against them No case is, thus, made out to quash the complaint in so far as the petitioners other than petitioner Nos. 2 and 3 are concerned. However, petitioner Nos. 2 and 3 are only the beneficiaries in the forged sale deed and they are of tender age. In there very nature of things, they could not have conspired with those petitioners against whom allegations of forgery have been levelled. THEy cannot, thus, be tried in the complaint Annexure P-1. Complaint qua petitioner Nos. 2 and 3 is quashed. However, with regard to other petitioners, this petition is dismissed. Petition dismissed.