JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing of Complaint Case being no. 616 of 2014 (TR-230/14) under Sections 420/406/506/120B of the Indian Penal Code and all further proceedings therein pending before the Learned Additional Chief Judicial Magistrate at Asansol.

2. The petitioners case is that the petitioner no. 1 is aged about 59 years and is an Assistant Engineer with Howrah Municipal Corporation. The petitioner no. 2 is aged about 56 years and is an Architect. The petitioners are the son and daughter in law of the Opposite Party no.2

3. That in the year 2001 the Opposite Party no. 2 by a Gift of Deed executed on 2nd November 2001 gifted to the petitioner no. 1 a flat and by a Deed of Gift executed on 3rd November 2001 gifted gold ornaments.

4. The Petitioners state that they along with two (2) others namely Sanjoy Kumar Pal and Gopal Das have been falsely implicated in the instant case being the Complaint Case No. 616 of 2014 (TR-230/14) under Sections 420/406/506/120B of the Indian Penal code pending before the Learned Additional Chief Judicial Magistrate at Asansol by Sulekha Choudhury, the Opposite Party No. 2, mother of the petitioner no. 1 and mother-in-law of petitioner no. 2.

5. The allegations leveled against the petitioners inter alia are as follow:-

That the Opposite Party no. 2 is a widow aged about 80 years and the petitioners have been always greedy of her property. The petitioners always insisted that the entire property must be transferred to them. The petitioners also used to threaten the opposite party no. 2 over telephone. The opposite party no. 2 used to stay with her elder son and daughter-in-law. When they went to Chennai for treatment in November 2001, the petitioners hatched up a conspiracy and took her gold ornaments (25 bhoris) with the assurance that the ornaments will be kept in the bank locker and the petitioners also made the opposite party no. 2 sign on blank papers. She was also made to do all house hold work. She was subjected to immense mental and physical torture. When the health of the Opposite Party no. 2 detoriated she was taken to her house at Asansol on 03.02.2014. On 12.03.2014 the Opposite Party through a letter requested the petitioners to return the gold ornaments but in reply the Petitioner No.1 stated that the gold ornaments and the house property have been gifted to him by a Gift Deed. When the Opposite Party No. 2 searched the documents from the Registration Office it revealed that the Gift Deed No. 6024/2001 made on 02.01.2001 was registered on illegal and wrongful circumstances and when the Opposite Party No.2 got in touch with the witnesses they said that they have been paid handsomely.

6. That Title Suit No. 150 of 2015 is pending between the Petitioner No. 1 and his elder brother Amitava Choudhury regarding the properties gifted to the Petitioner No. 1 by the said Gift Deeds, before the Court of the Learned Civil Judge Senior Division 1st Court, Asansol.

7. Mr. Sekhar Kumar Basu learned senior counsel for the petitioners has submitted that the allegations made in the complaint do not satisfy the ingredients of the offences as alleged.

8. The instant complaint has been instituted after a delay of almost thirteen (13) years and no effort has been made to explain such delay and as such the instant complaint is liable to be quashed.

9. The purported Complaint is manifestly attended with an ulterior motive for wreaking vengeance on the petitioners and to create undue pressure on him.

10. The impugned proceeding is wholly vexatious and is a malafide attempt to abuse the process of law.

11. That continuation of the impugned proceeding will cause severe prejudice to the petitioners and the same should be quashed.

12. The petitioners are absolutely innocent and have no role to play in the offence as alleged.

13. In spite of due service there is no representation on behalf of the Opposite Party no. 2.

14. From the materials on record it is evi