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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.

The factual matrix of the prosecution case unfolds with admitted facts reflecting the execution of Will way back on 14.04.1937 by 1 of 37 Neutral Citation No:=2023:PHHC:048534 CRM-M-22688-2010 (O&M) - 2- 2023:PHHC:048534 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. 




                                                (SANDEEP MOUDGIL)
  th
10 March, 2023                                   JUDGE
sham

Whether speaking/reasoned          Yes/No
Whether reportable                 Yes/No




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