JUDGMENT

Sandeep Moudgil, J.

The jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code") has been invoked seeking quashing of FIR No. 77, dated 23.06.2010, under Sections 420 , 465, 467, 468 and 471 of the INDIAN PENAL CODE , 1860 (for short 'IPC') registered at Police Station Radaur, District Yamunanagar (Annexure P-1) and all subsequent proceedings arising therefrom.

2. The factual matrix of the prosecution case unfolds with admitted facts reflecting the execution of Will way back on 14.04.1937 by Banu Mal in favour of this daughter Munni Devi bequeathing the entire estate in her favour. Thereafter, the second Will came into being also executed by Banu Mal dated 27.03.1943 in favour of Raghubir Singh father of Devi Sarup giving only a life estate and also to treat Munni Devi as his daughter in the said Will and binding Raghubir Singh to pay an amount of Rs.100/- to Munni Devi for each harvest out of the income from the said property. The Will further consisted of the rights to be bequeathed of entire property to the legal heirs of Munni Devi, after the death of Raghubir Singh. On 26.02.1954, mutation No. 1427 was entered on the basis of one oral 'Hiba' allegedly made by Banu Mal @ Banu Ram in favour of Devi Sarup son of Raghubir Singh, Maya Devi wife of Devi Sarup and Kesho Devi wife of Raghubir Singh for a land measuring 835 kanals 7 marlas within the revenue estate of Village Rapri, District Yamuna Nagar. The said mutation was sanctioned on 02.03.1954. The pertinent aspect turning the whole the case came to light that Mutation Nos. 1422, 1423 dated 28.02.1954 show that the consolidation in the village Rapri commenced on 25.08.1952 and completed on 28.02.1954, which creates a doubt to the genuinity of mutation entered on 26.02.1954 and sanctioned on 02.03.1954. It is noted here that Devi Sarup and others raised claim of possession and ownership over the land in question on the basis of Mutation No. 1427, sanctioned on 02.03.1954.

3. Banu Mal died having left only one legal heir i.e. Munni Devi who breathed his last at Janoli Khera, Saharanpur (UP) on 14.11.1954 due to various ailments where he was confined to bed for quite a long time. It has also came on record that certain alienation were made by various other persons as well over the land in question. Pawan Kumar Gupta son of Munni Devi preferred a Civil Suit on 11.10.1973 for permanent injunction restraining Raghubir Singh-defendant from alienating the suit property as was also stipulated in the 2nd Will dated 27.03.1943 urging that Raghubir Singh would hold the property as life estate without any power to alienate. The said suit was dismissed 11.10.1973, which was reversed by Lower Appellate Court vide its judgment and decree dated 24.02.1976 and RSA No. 586 of 1976, titled "Raghubir Singh v. Pawant Kumar" was also dismissed by this Court vide order dated 01.06.1984 (Annexure P-2), holding that intention of testor Banu Mal is clear from the Will that he wanted to give his property to the children of his daughter-Munni Devi after the death of Raghubir Singh. It would not be out of place to mention here that in the said civil litigation the interpretation of Will dated 27.03.1943 was in question along-with locus-standi of the plaintiff to file the suit. While passing the judgment in RSA No. 586 of 1976, an oral Hibaba dated 26.02.1954 was made and on that basis this Court had declared th