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Post for .01.2017 (ALOK VERMA) JUDGE .01.2017 2 HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE BEFORE HON.MR. JUSTICE ALOK VERMA, JUDGEM.Cr.C. No.8161/2015 Prem Chandra & another Vs. State of Madhya Pradesh and another Shri S.K. Vyas, learned senior counsel with Shri Aniruddha Gokhale, learned counsel for the applicant.

Shri Mukesh Kumawat, learned counsel for respondent/State.

Shri Avinash Sirpurkar, learned counsel for respondent No.2. ____________________________________________________________________

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( Passed on this day of January, 2017 ) This application under Section 482 Cr.P.C. is filed for quashment of Criminal Complaint No.431/2015, registered by JMFC for offences under Sections 420, 467, 468, 471 and 120-B ofIPC and order dated 25.08.2012 passed by learned Magistrate.

2. The relevant facts for disposal of this application are that the present applicant is nephew of late Champalal Jain, who expired on 3 27.04.2009. It is alleged by the complainant/respondent No.2 that the will was executed in his favour by late Champalal Jain in respect of agricultural lands bearing survey No.315/20, measuring0.041 hectares and 315/7, measuring 0.941 hectares in village Piplia Buzurg, Tehsil-Maheshwar, District Khargone.

3. After death of his uncle his succession certificate was obtained by the complainant from district Court Pali, Rajasthan, when on the basis of will and succession certificate, he tried to get his name mutated in the revenue record. He came to know that this agricultural land was already recorded in the name of petitionerNo.1. It is further alleged that another person Inderchand forged the will of Champalal Jain and on the basis of said will, he sold the land to the petitioner Premchandra S/o Dhanna Lal Jain and Asha Bai W/o Prem Chandra Jain and got the land mutated in the revenue record in their names. The complainant approached Police Station-Karahi, S.P. Khargone and I.G. Indore, however, no action was taken, and subsequently, filed the private complaint in which cognizance was taken under the aforesaid offences by the learned Magistrate.

4. According to the petitioners, they are bonafide purchasers of the land from Indrachand S/o Javerilal Jain for total considerationof Rs.8,15,000/- and Rs.4,99,000/- and a registered sale deed wasalso executed on 22.02.2010, and accordingly, the offences under 4 aforementioned sections of IPC were not made out

5. According to the applicants, when a report was made by the applicants to the higher authority, an inquiry was made. In the inquiry, it was found that it a pure dispute of civil nature and no action was required, and therefore, no action was taken by the police and on these aspects, the applicants prayed that the complaint registered by the Magistrate may be quashed.

6. Learned counsel for the applicants submits that a civil suit No.30A/2014 is pending before learned Civil Judge, Class-II, Maheshwar between Lalit Kumar S/o Javerilal Jain the complainant/respondent No.2 here and Inderchand S/o Javerilal and applicants. In this suit the complainant challenged the will allegedly executed in favour of Inderchand. It is prayed in the civil suit thatthe registered sale deed dated 22.02.2010 may be declared illegal, forged and not binding on the plaintiff/complainant/respondentNo.2. The permanent injunction was also sought. According to learned counsel for the applicants, unless in the civil suit the will in favour of Inderchand was found forged and no criminal action can be taken.

7. Learned counsel for respondent No.2 vehemently opposed the application. According to him, at this stage only allegation made in the complaint are to be seen.

8. I have gone through the averment made in the complaint as 5 well as the civil suit, copy of the plaint, which has been filed by the applicants in the civil suit will in favour of Inderchand is challanged unless by the civil suit, it is