MAHA SINGH Vs. STATE

JUDGEMENT

(1.) This petition under Section 482, Cr. P.C. has been preferred by Maha Singh and Surjeet Kaur to quash FIR No. 9/93 of Police Station Keshrisinghpur, District Sriganganagar.

(2.) Briefly stated, Tehsildar, Srikaranpur lodged an FIR stating that Inder Singh had filed a suit and obtained a decree from the Munsiff, Sriganganagar on 27-7-1968 to the effect that Smt. Surjeet Kaurwas divorced by him in July, 1965 and was no more his wife as also that Gurtej Singh and Maha Singh were not his sons as Surjeet Kaur, after her divorce, remarried Bagyar Singh. On 15- 12-1963, Inder Singh had transferred 43 bighas 4 bishas land out of his holding to Smt. Surjeet Kaur which she retained even after her divorce. Surjeet Kaur, after remarrying Bagyar Singh, approached Inder Singh and asked for some help as her husband Bagyar Singh was poor man. Inder Singh told that he had already transferred some property to her and would never interfere with it. Lateron this land was sold in the name of Maha Singh petitioner. It was further alleged in the FIR that declaration, by way of decree was obtained on wrong facts. It was further stated in the FIR that the land belonging to Phuman Singh was not transferable to Maha Singh. On the basis of this declaratory decree Maha Singh was claiming himself to be the son of Bagyar Singh while actually he was son of Inder Singh. Similarly, Smt. Surjeet Kaur was claiming herself to be the wife of Bagyar Singh while she was the wife of Inder Singh.

(3.) Lateron some proceedings under Sections 175/212 of the Rajasthan Tenancy Act were initiated against the petitioners I by the State in which ultimately it was held that Maha Singh was the son of Bagyar Singh and a member of Scheduled Caste, therefore, the suit filed by Tehsildar was dismissed. The Tehsildar then filed this FIR on the basis of which a case under Sections 420. 467, 468 read with Section 120 - B. IPC has been registered.