Ramnaresh & Ors. vs State of M.P. & Anr.

This application under Section 482 Cr.P.C. is filed for quashment of Criminal Complaint No.431/2015, registered by JMFC for offences under Sections 420, 467, 468, 471 and 120-B of IPC and order dated 25.08.2012 passed by learned Magistrate.

The relevant facts for disposal of this application are that the present applicant is nephew of late Champalal Jain, who expired on 27.04.2009. It is alleged by the complainant/respondent No.2 that the will was executed in his favour by late Champalal Jain in respect of agricultural lands bearing survey No.315/20, measuring 0.041 hectares and 315/7, measuring 0.941 hectares in village Piplia Buzurg, Tehsil-Maheshwar, District Khargone.

After death of his uncle his succession certificate was obtained by the complainant from district Court Pali, Rajasthan, when on the basis of will and succession certificate, he tried to get his name mutated in the revenue record. He came to know that this agricultural land was already recorded in the name of petitioner No.1. It is further alleged that another person Inderchand forged the will of Champalal Jain and on the basis of said will, he sold the land to the petitioner Premchandra S/o Dhanna Lal Jain and Asha Bai W/o Prem Chandra Jain and got the land mutated in the revenue record in their names. The complainant approached Police Station- Karahi, S.P. Khargone and I.G. Indore, however, no action was taken, and subsequently, filed the private complaint in which cognizance was taken under the aforesaid offences by the learned Magistrate.

According to the petitioners, they are bonafide purchasers of the land from Indrachand S/o Javerilal Jain for total consideration of Rs.8,15,000/- and Rs.4,99,000/- and a registered sale deed was also executed on 22.02.2010, and accordingly, the offences under aforementioned sections of IPC were not made out

According to the applicants, when a report was made by the applicants to the higher authority, an inquiry was made. In the inquiry, it was found that it a pure dispute of civil nature and no action was required, and therefore, no action was taken by the police and on these aspects, the applicants prayed that the complaint registered by the Magistrate may be quashed.

Learned counsel for the applicants submits that a civil suit No.30A/2014 is pending before learned Civil Judge, Class-II, Maheshwar between Lalit Kumar S/o Javerilal Jain the complainant/respondent No.2 here and Inderchand S/o Javerilal and applicants. In this suit the complainant challenged the will allegedly executed in favour of Inderchand. It is prayed in the civil suit that the registered sale deed dated 22.02.2010 may be declared illegal, forged and not binding on the plaintiff/complainant/respondent No.2. The permanent injunction was also sought. According to learned counsel for the applicants, unless in the civil suit the will in favour of Inderchand was found forged and no criminal action can be taken.

Learned counsel for respondent No.2 vehemently opposed the application. According to him, at this stage only allegation made in the complaint are to be seen.

I have gone through the averment made in the complaint as well as the civil suit, copy of the plaint, which has been filed by the applicants in the civil suit will in favour of Inderchand is challanged unless by the civil suit, it is found that the will is forged, no criminal action lies against the present applicants. If the will is genuine in favour of Inderchand then there is no case made out, and therefore, until the will forged, the civil action does not lie.

In this view of the matter, I find that the application under Section 482 Cr.P.C. deserves to be allowed and is hereby allowed. The impugned order passed by learned Magistrate 1st Class, Maheshwar, dated 25.08.2015 is set aside. The present applicants are discharged from offences under sections 420, 467, 468, 471 and 120-B of IPC.