Order

1. Indulgence of this Court is sought herein for quashing of an FIR No. 0299/2024 dated 27.07.2024, registered under Sections 420, 406, 467, 468, 471 and 120-B of the I.P.C., at Police Station Bhinmal, District Jalore.

2. Petitioners (accused in the FIR) and respondents No.2 (complainant in FIR) are family members. Dispute relates to estate of late paternal grandmother of the petitioners who was mother of the complainant/respondent no.2.

3. Complainant, the paternal uncle (chacha) alleges that his two nephews (petitioners) have forged the Will of his mother and basis thereof, after her death, they got the property in question transferred/mutated in their names in revenue records. Thus, in conspiracy with the revenue officials, they have cheated him and committed alleged offences under sections 420/406/467/468/471 read with 120-B of IPC .

4. ARGUMENTS OF THE PETITIONERS

4.1 At the very outset, de hors merits of the allegations in the FIR, relying upon the provisions of section 358 with emphasis on its sub section (3) of Bhartiya Nyaya Sanhita , 2023 (BNS), learned counsel for the petitioner canvassed that once the Indian Penal code stands repealed with effect from 01.07.2024, no F