Criminal Misc. No. M-51163 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-51163 of 2007 Date of Decision: 15.03.2010 Chajju Singh son of Ram Kishan, r/o village Lakhnour, P.S. Kharar, Distt. Mohali. ... Petitioner Versus 1. State of Punjab. 2. Jasvir Kaur d/o S. Sandhu Singh, r/o village Badala, Tehsil Kharar, Distt.Mohali. ...Respondents CORAM: HON'BLE MR. JUSTICE SHAM SUNDER Present: Mr. D.D. Sharma, Advocate, for the petitioner. Mr. T.S. Salana, DAG, Punjab, for respondent No. 1 – State. Mr. T.S. Khaira, Advocate, for respondent No. 2. SHAM SUNDER, J. This petition under Section 482 Cr.P.C., for quashing FIR No. 192 dated 06.06.07, under Sections 420, 467, 468 and 471 IPC, Police Station Kharar, District Mohali (Annexure P4), and the subsequent proceedings, arising therefrom, has been filed by the petitioner. 2. Dalbir Singh, was the owner of the property, in dispute. He was living in New Zealand. The complainant claimed herself to be Criminal Misc. No. M-51163 of 2007 2 the divorcee wife of said Dalbir Singh. Dalbir Singh, died, on 29.03.07. When he (Dalbir Singh) came to India, he statedly executed a registered Will dated 20.09.2000, in favour of the petitioner, his real brother. According to the complainant, this will, was forged and fabricated by the petitioner. Ultimately, the complainant, got registered a case, under Sections 467, 468 and 471 IPC, against the petitioner and his co-accused (non-petitioner), for the alleged forgery and fabrication of the Will, referred to above. 3. I have heard the Counsel for the parties, and, have gone through the documents, on record, carefully. 4. The Counsel for the petitioner, submitted that the complainant, had already divorced Dalbir Singh. He further submitted that, the Will, was executed, by Dalbir Singh, in favour of the petitioner, his real brother, when he came to India, and the same was got registered by him, whereby, he bequeathed his entire property, in his favour. He further submitted that, even Sucha Singh, one of the attesting witnesses of the Will, made a statement, during the course of the investigation, that the Will, was executed, by Dalbir Singh, in favour of Chajju Singh, petitioner. He further submitted that, it was merely a civil dispute, which had been converted into a criminal dispute. He further submitted that civil proceedings, between the petitioner and respondent No. 2, were pending, in the Court of Civil Judge (SD), Mohali. He further submitted that the FIR, is nothing but an abuse of the process of the Court. 5. On the other hand, the Counsel for the respondents, Criminal Misc. No. M-51163 of 2007 3 submitted that the FIR, was registered, after due enquiry. They further submitted that, out of the same gamut of facts, civil as well as criminal proceedings, can arise. They further submitted that, since the Will, in question, was forged and fabricated, by the petitioner, an FIR, could be lodged against him. They further submitted that, there were no reasons, on the part of Dalbir Singh, to execute the Will, in favour of the petitioner, on the same day, on which, he allegedly executed the power of attorney, in his favour, to obtain compensation, in respect of his acquired land. They further submitted that the Will, was surrounded by a number of suspicious circumstances, which clearly proved fabrication thereof. They further submitted that the dispute, was not of a civil nature, but, had an element of criminality. 6. After giving my thoughtful consideration, to the rival contentions, raised by the Counsel for the parties, in my considered opinion, the petition, is liable to be accepted, for the reasons, to be recorded, hereinafter. It is, no doubt, true that, at the time of exercising the power, under Section 482 Cr.P.C., the Court, is not required to go into the merits of the case. Bare allegations, contained in the FIR or the complaint, are required to be gone into, by the Court, to come to the conclusion, as to whether, a criminal offence, was constituted, on the basis thereof or not. At the same time, the Court, cannot shut its eyes, if injustice, on the face of it, is seen to have been caused to a party by initiating false criminal proceedings. The main purpose of Section 482 Cr.P.C., is to prevent injustice, Criminal Misc. No. M-51163 of 2007 4 and, to grant justice. As stated above, the dispute is only, with regard to the legality and validity of the Will dated 20.09.2000, alleged to have been executed by Dalbir Singh, during his life time, who was the owner of the property, in dispute, and, has since demised, in favour of the petitioner, his real brother. Only on the basis of suspicious circumstances, mentioned in the FIR, as to why, some of the first class legal heirs, were left out, by Dalbir Singh, at the time, he executed the Will; what was the necessity of executing the same by him; and that the witnesses were procured, cannot persuade the Court, to come to the conclusion, at this juncture, that the Will, was, in any way forged and fabricated. A Civil Suit, in respect of the property, in dispute, was filed, by Chajju Singh, and, copy of the same, has been placed, on the record, though, in reply, respondent No. 2, claimed that he had already withdrawn that suit. Whatever the case may be, if the complainant, is aggrieved, against the alleged execution of the Will, and, according to her, the same, was forged and fabricated, by Chajju Singh, petitioner, she can file a suit for declaration, before the competent Court of law, which shall decide, with regard to the legality and validity thereof. If, ultimately, the Court comes to the conclusion, that the Will, was forged one, then further criminal proceedings can be initiated, if permitted by law. At this stage, the allegations, contained in the FIR, only constitute a civil dispute, which has been coverted into a criminal dispute. In State of Haryana and others Vs. Ch. Bhajan Lal and others AIR 1992 Supreme Court 604(1), it was held that, if, after the bare Criminal Misc. No. M-51163 of 2007 5 reading of the allegations, contained in the complaint or the FIR, the Court, comes to the conclusion, that no criminal offence, was made out, and, the matter only related to the civil dispute, then continuance of the FIR and the subsequent proceedings, can certainly be said to be a sheer abuse of the process of the Court, and the same, can be quashed. The principle of law, laid down, in State of Haryana and others' case (supra), is fully applicable, to the facts of the instant case. Continuance of the FIR and the subsequent proceedings, would, thus, be sheer abuse of the process of the Court. The same are liable to be quashed. 7. For the reasons recorded above, Criminal Misc. No. M-51163 of 2007, is accepted. FIR No. 192 dated 06.06.07, under Sections 420, 467, 468 and 471 IPC, Police Station Kharar, District Mohali (Annexure P4), and the subsequent proceedings, arising therefrom, are quashed, qua the petitioner. Any observation, made in this order, shall not be taken, as an expression of mind, on merits of the case. 8. Registry is directed, to comply with the order, by sending the copies thereof, to the Courts concerned, immediately. 15.03.2010 (SHAM SUNDER) Amodh JUDGE