Uttarakhand High Court
Unknown vs Smt. Saroj on 17 September, 2025
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
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17.09.2025 C528 No.1566 of 2025
Hon'ble Alok Kumar Verma, J.
The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for quashing the entire proceedings of Criminal Case No.4796 of 2025, "State vs. Smt. Saroj Bhakshi and Others", pending before the court of Additional Chief Judicial Magistrate/ Vth Additional Civil Judge (Senior Division), Dehradun.
2. The respondent no.2 - informant is the daughter of the applicant no.1, sister of the applicant no.2 & applicant no.3 and sister-in-law of the applicant no.4.
3. According to the prosecution, the respondent no.2 lodged an FIR on 06.10.2022 that her father died on 23.01.2021. Her father had executed a registered will, whereby he created a life interest over his properties in favour of his wife, the applicant no.1 and she (respondent no.2) was made sole owner and beneficiary of all the properties. The applicants, in a conspiracy, have sold and transferred the investments.
4. Heard Mr. Sagar Kothari, learned counsel for the applicants, Mr. Tumul Nainwal, learned Assistant Government Advocate assisted by Mr. Chitrarth Kandpal, learned Brief Holder for the respondent no.1 and Mr. Piyush Garg, learned counsel for the respondent no.2.
5. Mr. Sagar Kothari, Advocate, has submitted that father of the respondent no.2 executed a registered will dated 14.12.2020 in respect of his movable and immovable properties and from bare perusal of Clause 2 and Clause 3 of the said will, it is clear that the deceased had bequeathed all his movable and immovable properties absolutely and perpetually to his wife, the applicant no.1. The respondent no.2 has instituted an Original Suit (No.196 of 2021) on the basis of the said will. The issue with regard to interpretation of the said registered will is pending before the civil court.
6. Mr. Sagar Kothari, Advocate, further submitted on instructions that the applicant no.1 redeemed the share after submission of transmission form.
7. Mr. Piyush Garg, Advocate, contended that the applicant nos. 2 to 4 manipulated the accounts of the deceased and the amount was redeemed before submission of the transmission form. He has sought three weeks' time to file counter affidavit.
8. Mr. Tumul Nainwal, Assistant Government Advocate, has also sought three weeks' time to file counter affidavit.
9. The contentions raised by the parties are fairly arguable.
10. List on 03.11.2025 for final hearing.
11. Till then, the further proceedings of the said Criminal Case No.4796 of 2025 are stayed.
(Alok Kumar Verma, J.) 17.09.2025 Pant/