SARV BANDHU AND ORS. Vs. STATE AND ANR.

JUDGEMENT

(1.) Through the medium of instant petition filed under Section 561-A Cr.P.C., petitioners have invoked inherent power of this Court for seeking quashment of FIR No.209/2014 registered against them with Police Station R. S. Pura, Jammu, under Sections 376/452& 323 RPC and all criminal proceedings initiated thereto.

(2.) Learned counsel for the petitioners has stated in petition that in the year 1947, during partition, the father of petitioner no.1 along with his mother migrated to Jammu and thereafter the father of the petitioner no.1 was allotted land measuring 8 Acres on 24.01.1951. During allotment the name of mother of petitioner no.1 was also shown in the Form 'A' as the wife of Late Duni Chand. The name of the mother of the petitioner no.1 was also entered as wife of deceased Duni Chand in the Ration Card and voter list since 1947. In 1983 deceased parents of petitioner no.1 adopted petitioner no.1 according to Hindu rites and customs, when the petitioner no.1 was about 1 year old. Since then the petitioner no.1 is residing in the house of his adopting parents. That one Smt. Kaushalya Devi was maid of the adopting father of the petitioner no.1. She, all of sudden, about 23 years after the death of adopting father of the petitioner no.1, late Sh. Duni Chand, with malafide intentions started claiming herself to be a legally wedded wife of Duni Chand and started interfering into the properties of Late Sh. Duni Chand.

(3.) Learned counsel also submitted that petitioner no.1 filed a suit challenging the alleged marriage of Smt. Kaushalya Devi with Late Sh. Duni Chand. The said suit is pending subjudice before learned Sub Judge Jammu. That the aforesaid Kaushalya Devi executed a deed of adoption on 13.12.2013 which was registered before learned Sub Registrar R.S. Pura on 13.12.2013 whereby she adopted Geeta Devi as her daughter. The father of petitioner no.1 died on 27.06.1990. On the basis of said adoption deed and the illegal claim of Kaushalya Devi i.e. adopting mother of Geeta Devi (Respondent no.2 herein), they started interfering into the property of the petitioner no.1 inherited by him from his adopting father Late Sh. Duni Chand. Petitioner no.1 also challenged the adoption deed dated 13.12.2013 by filing a suit, which is also pending subjudice before learned Sub Judge Jammu. It is relevant to mention here that prior to filing of aforesaid two suits the petitioner no.1 also filed a suit for permanent prohibitory injunction restraining the defendants - Kaushalya Devi, Geeta Devi (respondent no.2 herein) and Ashok Kumar from interfering into the peaceful possession of the plaintiff (petitioner no.1 herein) in the suit land i.e. property inherited from Late Sh. Duni Chand. The said suit is also pending before learned Sub Judge Jammu, who vide his order dated 05.08.2013 has passed interim direction restraining the defendants from interfering into the suit property. The defendants in the said suit have appeared but have not filed their written statement in the suit mentioned above till date. That when respondent no.2 and her alleged adopting mother - Smt. Kaushalya Devi could not succeed in getting the property of Late Sh. Duni Chand, they started blackmailing them by filing criminal cases against petitioner no.1. That one complaint was filed by respondent no.2 against the petitioner no.1 before Police Station R.S. Pura under section 504 RPC, which after investigation, was found baseless and fabricated and the case was closed. Thereafter the respondent no.2 filed another fabricated complaint under Sections 107& 151 Cr.P.C against the petitioner no.1 which is pending disposal before Executive Magistrate R.S. Pura. Petitioner no.1 did not succumbed to the pressure of criminal cases also. That now respondent no.2 has filed a false and fabricated complaint under Sections 323& 452 RPC against petitioner no.1 and other petitioners before the Police Station R.S. Pura.