Cr.Misc. M 21444 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 21444 of 2010 Date of decision:29.10.2010 Karanbir Singh and ors Petitioner vs. State of Punjab Respondent Present: Ms. GK Mann, Advocate. Mr. Ps Bajwa, DAG, Pb M.M.S.BEDI,J. The petitioners 1 and 2 are sons of complainant Savinder Kaur. As per the allegations in the FIR, the petitioners 1 and 2 had not only forged the Will of her husband dated 10.1.1997 and got mutation entered in their names but they had also withdrawn money from her joint account to the extent of ` 12.5 lacs. I have heard counsel for the parties. The complainant has got an alternative remedy to challenge the mutation proceedings and the Will before the revenue court or before the civil court. So far as withdrawal of money from the joint account held by petitioners 1 and 2 and the complainant- mother is concerned, pursuant to the interim order a bank draft of ` 2 lacs, in the name of the complainant, has been handed over to the investigating officer and the same has been received by the complainant. Learned counsel for the petitioners has submitted that petitioner No.1 is a handicapped person and that the amount in the joint account was held jointly by the petitioners as well as by the complainant and that they had an equal right over the account, as that of the Cr.Misc. M 21444 of 2010 2 complainant. Without expression of any opinion on merits of the case, I am of the opinion that since the dispute is between sons and mother, it will be appropriate , in the interest of justice, to allow this petition. However, the petitioners will compensate the complainant to some extent for the amount withdrawn by them after adjusting ` 2 lacs, which has been handed over by petitioners 1 and 2 to their mother. Accordingly, the petition is allowed and interim order dated 28.7.2010 is hereby confirmed and it is ordered that in case of arrest of the petitioners, they will be released on bail to the satisfaction of the arresting officer subject to the condition that the petitioners will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. The petitioners 1 and 2 will hand over another bank draft of ` 2 lacs, in the name of complainant, subject to the final settlement of the account between the parties within a period of two months. It is made clear that in case a sum of ` 2 lacs, in addition to the earlier amount of Rs.2 lacs, is not handed over to the complainant in the shape of bank draft by petitioners 1 and 2, the complainant will have got a right to seek cancellation of relief granted to the petitioners. October 29 ,2010 ( M.M.S.BEDI ) TSM JUDGE