* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: February 18, 2025 Pronounced on: May 23, 2025 + CRL.M.C. 327/2017, CRL.M.A. 3139/2017, CRL.M.A. 138/2019, CRL.M.A. 37732/2024 & CRL.M.A.1434/2017 HARKIRAT SINGH SODHI S/O MR. M. S. SODHI, R/o 210-A, GOLF LINKS, NEW DELHI-110003 .....Petitioner Through: Mr. Lalit Gupta, Mr. Suyash &

Mr.Rajat Asija, Advocates Versus

1. STATE OF NCT OF DELHI THROUGH SHO, PS DARYA GANG DELHI-110002

2. MRS. AMITA GANDOAK, W/O MR. RAVINDER GANDOAK, R/O M-77, GREATER KAILASH-1, NEW DELHI-110048

3. THE SUB-REGISTRAR ASAF ALI ROAD, NEW DELHI .....Respondents Through: Mr. Nawal Kishore Jha, Ld. APP for the State CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

Signature Not Verified Signed By:VIKAS CRL.M.C. 327/2017 Page 1 of 9 NEENA BANSAL KRISHNA, J.

1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) read with Article 227 of Constitution of India has been filed by the Petitioner, Harkirat Singh Sodhi, against the Order dated 21.01.2017 of the Ld. Additional Session Judge, Special Judge, whereby the Order dated 01.07.2016 passed by the Ld. Metropolitan Magistrate, dismissing the Application under Section 156(3) Cr.P.C. of the Respondent No.2, has been set aside, and directions have been given for Registration of FIR against the Petitioner, Harkirat Singh Sodhi.

2. Briefly stated, a Complaint under Section 200 Cr.P.C. dated 05.08.2014 was filed by Respondent No.2, Amita Gandaok, wherein she asserted that her mother, Late Sardarni Surinder Kaur Sodhi had died on 31.12.2013, leaving behind her hand written last Will and Testament dated 07.09.2004 as per which the House bearing No. 210A, Golf Links, New Delhi was bequeathed equally to the Complainant and her brother, Harkirat Singh Sodhi, the Petitioner herein.

3. Respondent No.2, Amita Gandoak, in her Complaint further asserted that her mother during her life time, had written an earlier Will dated 13.01.1987, by virtue of which the above noted property had been bequeathed solely to her brother, Harkirat Singh Sodhi. However, because of constant ill treatment by her brother, Harkirat Singh Sodhi, she revoked her earlier Will dated 13.01.1987 vide Revocation Deed dated 05.06.2004, which was registered at Sub Registrar’s Office at Asaf Ali Road, New Delhi vide Registration No. 7941, in Book No.III, Volume No. 1398, Pages 156 to

156.

Signature Not Verified Signed By:VIKAS CRL.M.C. 327/2017 Page 2 of 9

4. Pursuant to such Revocation, she executed a fresh Will dated 07.09.20024 wherein the factum of Revocation of earlier Will dated 13.08.1987 is also mentioned. Moreover, this last Will dated 07.09.2004 was known to the entire family including her brother- Harkirat Singh Sodhi. 5. On 22.04.2014, Petitioner Harkirat Singh Sodhi filed a Probate Petition bearing Test Case No.38/2014 in this Court seeking Probate of the earlier Will dated 13.08.2017, concealing the registered Revocation Deed dated 05.06.2004. The Complainant also filed Probate Case i.e. Test Case No. 42/2014, seeking probate of the last Will dated 07.09.2004.

6. While the two Probate Cases were pending, the Complainant confronted her brother, Petitioner, Harkirat Singh Sodhi, about the fact of his Will being a revoked one, on which he threatened that he would made the Revocation Deed go missing from the Office of the Sub Registrar.

7. The Respondent No.2/Complainant, Amita Gandoak, immediately applied for certified copy of the Revocation Deed, in the Office of Sub Registrar, Asaf Ali Road and also reported the threat given by Petitioner Harkirat Singh Sodhi to Police Station, Tuglak Road, New Delhi, vide Complaint dated 14.05.2014.

8. The fear of the Complainant came true when she received a Letter dated 26.04.2014 from the Office of Sub Registrar, Asaf Ali Road, informing her that the registered Revocation Deed dated 05.06.2004 was not traceable in their Office, though the Peshi Register categorically reflected that the said documents