The court emphasized that speculative allegations without substantial evidence cannot sustain criminal proceedings, and individuals possess the right to manage their property affairs without undue interference.

JUDGMENT :

Rakesh Kainthla, J.

The informant-respondent No.2 made a complaint to the police that she is the legal heir and daughter of Dr. G.R. Bazliel. Her family owns property at Mashobra which belonged to her grandfather, Dr. I.R. Bazliel. This property was inherited by Dr. G.R. Bazliel after the death of his father in 1986. Dr. G.R. Bazliel developed severe depression in the year 2013. The informant was taking care of him till 2016. Daljeet Singh, petitioner No. 2, introduced Dr. G.R. Bazliel to Jienpuri Kamsuon -petitioner No. 3 in the year 2016. The informant objected to the relationship between her father and petitioner No. 3. When the petitioners came to know about the objection raised by the informant, they influenced the informant’s father to break his contact with his family. He appointed Daljeet Singh as his nominee to sell the property to Baldev Thakur-petitioner No.1. The informant said that in case her father intended to sell the property, the share should be given to the aunts and the property should be sold after adopting the legal process. An amount of Rs.93.00 lacs was transferred from the account of the informant’s father. This amount was credited to his account after the death of his wife. A total amount of Rs.1.18 crore was transferred in the name of Daljeet Singh. A sale deed was shown to have been effected in the name of Baldev Thakur for a consideration of Rs.3.90 crores. This property was stated to be self-acquired property contrary to the land record. No objection certificate was not obtained from any person. No transaction or deposit of any amount was reflected in the accounts of Dr. G.R. Bazliel. The informant went to Mashobra to meet her father and inquired how he had sold the property. However, the informant’s father was not present at Mashobra but was stated to have been shifted to Kufri. The informant filed a complaint with the police. The remaining portion of the property was sold to Baldev Thakur for a consideration of Rs.10,50,000/-. The informant came to know about the death of her father through social media. No person in the family was informed about the death of the informant’s father by the petitioners. The condition of the informant’s father deteriorated after 2013 and he suffered a heart attack. He was advised to undergo routine bypass surgery at IGMC but he was misguided not to undergo the surgery. The petitioners had taken possession of all the articles of the informant’s father. Therefore, it was prayed that the action be taken against them. The police registered an FIR No. 8 of 2022, dated 26.7.2022 at Police Station CID, Shimla.

2. The petitioners filed the present petition for quashing of the FIR. It is asserted that petitioners No.1 and 2 are permanent residents of District Shimla and petitioner No.3 is the wife of Dr. G.R. Bazliel. The informant is the adopted daughter of Dr. G.R. Bazliel. She had lodged an FIR against her father in March 2017 for the commission of offences punishable under Sections 420 , 467, 468 and 471 of IPC. The police registered the FIR No. 45 of 2017. A cancellation report was submitted by the police at the Police Station, Dhalli, which was accepted by the learned Judicial Magistrate First Class (JMFC). The petitioner had purchased the property measuring 44-60 hectares for a consideration of Rs.3 crores 90 lacs. Dr. I.R. Bazliel had written his last Will bequeathing the property in favour of Dr. G.R. Bazliel. The informant never cared for her father and she threatened him during his last days. He executed an