IMPORTANT POINT
Criminal prosecution cannot be pursued for matters that are already under civil adjudication, especially when the essential elements of the alleged criminal offenses are not established.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Heard Mr. R.S. Mazumdar, learned senior counsel along with Mr. Nishant Kumar Roy, learned counsel appearing for the petitioners, Mrs. Vandana Bharti, learned counsel appearing for the State and Mr. Jitendra Shankar Singh, learned counsel appearing for opposite party no.2.

2. Vide order dated 24.02.2020, the Coordinate Bench has taken endeavour for settling the matter and even President of Advocates' Association, High Court of Jharkhand, Ranchi was requested to take active part in the mediation process and pursuant to that, mediation took place and on 04.04.2024, it was informed by Mr. Jitendra Shankar Singh, learned counsel for opposite party no.2 that certain talks have already proceeded and there is every likelihood that the matter will be compromised and in view of that, the matter was adjourned on that day. Identical was the position on 02.05.2024 and on the request of the learned counsel for both the sides, the matter was adjourned. Today when the matter was taken up, Mr. Jitendra Shankar Singh, learned counsel for opposite party no.2 submits that in spite of his request, the complainant-opposite party no.2 has not come forward to file the affidavit, however, he has been orally instructed by the complainant that he has compromised the matter with petitioner no.1 only and there is no compromise, so far as petitioner nos. 2 to 6 are concerned. In view of these facts, this matter is being heard on merit with consent of the parties.

3. The prayer in the petition is made for quashing of the entire criminal proceeding including the order taking cognizance dated 06.04.2019 in connection with Complaint Case No.4954 of 2018, pending in the Court of the learned S.D.J.M., Ranchi.

4. The complaint case was filed alleging therein that accused nos. 1 to 4 and the complainant are the sons and daughter of Late Nagendra Narayan Singh, who died on 16.02.2015. The complainant in the complaint petition has averred that the father of the complainant has executed a will dated 07.01.2015 in favour of the wife of the complainant. However, the complainant did not disclose about the said will due to utter love and affection towards all the legal heirs and the family members of the deceased. However, in the month of May, 2015, the accused nos. 1 to 4 attempted to dispossess the complainant from the entire property situated at Ashok Nagar Housing Cooperative Society Plot No.357A consisting of double storied building and other construction measuring an area of 31 decimals, situated at Road No.5, Ashok Nagar, P.O.-Doranda, P.S. Argora, District-Ranchi, Jharkhand. Thereafter, the complainant on such provocation as he was being ousted from the landed family property as stated above, disclosed to the family members that his father had executed a will dated 07.01.2015 in favour of his wife and if they do not change the attitude, he would be compelled to institute a probate case for the will dated 07.01.2015. Thereafter, the complainant was threatened by accused no.5, who threatened the complainant that he will suffer dire consequences if he institutes a probate case for the will dated 07.01.2015. It was further alleged in the complaint case that the complainant to his utter shock and surprise received notice in connection with Probate Case No.7 of 2016, in which, accused no.1 has claimed for the grant of probate. It was also alleged in the complaint case that he waited for the will to be exhibited which has been produced by accused no.1 and when accused no.1 was examined and the forged will was exhibited, he obtained certified copy of the alleged forged will and on receiving the same, he found serious infirmities in the purported manufactured will. It was further alleged that the signature of the deceased has been denied by the complainant and for which he had filed several documents such as certified copies of judgment, charge report, income tax acknowledgment etc. It was also alleged that the wife of the deceased has dispu