HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.907 OF 2009 DATE:06.08.2010 Between: Smt Ch. Uma Maheswari and 4 others …… Petitioners. And: The State of AP., rep. by PP, High Court of AP and another …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.907 OF 2009 ORDER: 1. The petitioners 1 to 5/A-1 to A-5 are accused of offences punishable under Sections 406, 419, 420, 421, 463, 464, 470, 471, 474 IPC in C.C.No.1003 of 2008 on the file of XI Additional Chief Metropolitan Magistrate, Secunderabad. The 1st respondent filed private complaint against A-1 to A-5 and it was taken on file by the lower court. Subject- matter of the case is Will dated 04.12.2005 said to have been executed by A.Vimala. It is stated to be an unregistered Will. After the 1st respondent obtained opinion of an expert privately to the effect that the said Will is forged one and does not contain signature of the testatrix. A. Vimala, the 1st respondent launched the complaint. With regard to properties left by A. Vimala and other family properties, there was partition suit O.S.No.491 of 2006 in the court of III Additional Chief Judge, City Civil Court, Hyderabad in which the petitioners as well as the 1st respondent were parties. It is alleged that the forged Will dated 04.12.2005 of A.Vimala was propounded with a view to cheat the 1st respondent and other share holders. Ultimately a compromise decree was passed in O.S.No.491 of 2006 among parties to that suit sharing the plaint schedule properties therein. It is stated that final decree was also passed in terms of compromise. At that stage, the 1st respondent/complainant filed petition before the civil court to set aside the final decree passed on the basis of compromise because his consent was obtained by A-1 by compromising that he would be given due share as per succession law in all the properties. The said petition to set aside the compromise final decree is stated to be pending before the civil court. 2. At that stage, the 1st respondent filed the criminal complaint in the lower court against A-1 to A-5. The Will dated 04.12.2005 is an unregistered Will. The Will was propounded by A-1 and it was produced in civil court by A-1. It is stated that A-1 was named as executor in that Will. In so far as A-2 to A-5 are concerned, they are in no way connected with the Will. According to the complainant, A-2 to A-5 joined hands with A-1. Simply because A-2 to A-5 supported A-1 in the partition suit, it cannot be said that they have any specific role in allegedly forging the Will dated 04.12.2005. Taking allegations of the 1st respondent in the complaint for granted, I do not find any complicity for A-2 to A-5 in this case. Filing of the private complaint against A-2 to A-5 is nothing but abuse of process of law. 3. In so far as A-1 is concerned, it is contended by the petitioners’ counsel that having regard to compromise decree entered into by all the parties, the Will dated 04.12.2005 has no relevance. Even though A-1 propounded the Will and produced the same before the civil court, there was no trial conducted by the civil court because the suit was compromised even before the parties going for trial. Neither the Will dated 04.12.2005 is marked as document nor any finding is given by the civil court with regard to truth or otherwise of the said Will dated 04.12.2005. At any rate, since A-1 is the profounder of the Will and since there is private expert’s opinion with regard to the alleged forgery of the said Will, this Court is of the opinion that the case can be proceeded against A-1. 4. In the result, the petition is partly allowed quashing proceedings in C.C.No.1003 of 2008 on the file of XI Additional Chief Metropolitan Magistrate, Secunderabad in so far as the petitioners 2 to 5/A-2 to A-5 are concerned; and the petition is partly dismissed in so far as the 1st petitioner/A-1 is concerned. __________________________________ SAMUDRALA GOVINDARAJULU,J. Date:06.08.2010. Gk. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.907 OF 2009 Date:06.08.2010 Gk.