SURINDERPAL SINGH PANNU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Crm-19392-2018

(2.) This is a petition filed for seeking quashing of the Order dated 17.12015(Annexure P-14) passed by the Chief Judicial Magistrate, Gurdaspur vide which the application moved under Section 227 of Cr.P.C by the petitioner for his discharge in FIR No.77 dated 26.09.2013 registered under Sections 420,467,468,471,120-B IPC, at Police Station Dera Baba Nanak, District Gurdaspur was dismissed and, further, for quashing of the Report filed by the Police against him under Section 173 Cr.P.C. Further prayer is made for quashing of the Order dated 27.01.2016; whereby charge was framed against the petitioner.

(3.) In brief the facts of the case are that the FIR was lodged by one Kajal Rani Wd/o Harminder Singh resident of 18-Bark Green Badmore Wolvrahampton West Midhands, United Kingdom against Prithpal Kaur daugter of Balwinder Singh, Manjit Kaur wife of Ashwani Kumar, AmritPal Singh son of Rajinder Singh, Jiwan Kumar son of Nasib Chand, Harvinder Singh son of Rajinder Singh and the Sub Registrar, Dera Baba Nanak, Distt. Gurdaspur with the allegations that the complainant was settled in England and married to Harminder Singh son of Balwinder Singh. Marriage was duly registered in England in the year, 2010. The complainant and her husband Harminder Singh were leading a happy married life. Thereafter, the husband of the complainant, namely, Harminder Singh suffered some complication in Kidney. Earlier he was getting treatment in England only. However, at the advice of his mother Manjit Kaur and sister Prithpal Kaur, Harminder Singh came to India on 10.09.2012; to his native place at Goraya, Tehsil Phillaur, District Jalandhar for Naturopathy. But he expired on 19.10.2012 in Goraya, District Jalandhar. Thereafter, Complainant came to India but the family member of the deceased Harminder Singh misbehaved with her. Being the legally wedded wife of Harminder Singh; the complainant inherited the movable and immovable property of her husband to the extent of ' share, the remaining ' share going to Manjit Kaur(mother of Harminder Singh). However, the mother of the deceased, Manjit Kaur and his sister Prithpal Kaur, in order to defeat the right of inheritance of the complainant; set up a forged Will; alleged to have been executed by Harminder Singh on 21.09.20012 at Dera Baba Nanak, Distt. Gurdaspur, Punjab. It was alleged in the complaint that this Will of the deceased is fabricated; because the signatures of Harminder Singh do not match with the usual standard signatures of Harminder Singh. No alphabet in the false signatures has any resemblance with the normal standard alphabet written by Harminder Singh in his ordinary signatures. Harminder Singh was not in his disposing mind at the time of alleged execution of the Will and was under continuous medication. It was further alleged that all the properties are situated in the District Jalandhar whereas the Will was got registered at Dera Baba Nanak in District Gurdaspur. This was done in collusion and conspiracy with the Registrar of Dera Baba Nanak, District Gurdaspur; who registered the Will on 17.12.2012 after the death of the executant. He had received illegal gratification for being party to the fraud. It was further alleged that even the address of the deceased Harminder Singh has not been disclosed anywhere in the Will and no definite details are mentioned. The forged Will was got registered at Dera Baba Nanak, District Gurdaspur only to misuse the process of manual registration of the documents; because in major cities of Punjab, the registration of documents is computerised. Had the registration of the Will been attempted at District Jalandhar then the registration of forged Will would not have been possible. It was further alleged that in the Will the words "Dera Baba Nanak, District Gurdaspur" have been incorporated subsequently; as these words have been filled in a blank space; with the typewriter; whereas the other wordings in the Will is computerised. Hence an action against the culprits was prayed for in the complaint.