High CourtsSingle Bench(2018) 07 P&H CK 0253

Rambhaj And Others vs State Of Haryana And Another

Punjab And Haryana At Chandigarh · Decided on 5 July 2018

HON’BLE JUDGES
Surinder Gupta, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 13589 Of 2013

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Judgment

9 paragraphs · 265 words

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evidence before the criminal court that documents procured by the petitioners were forged and fabricated and pedigree table put forth by them is not correct.,,

12.

The matter regarding relationship of Ram Piari, Bhartu and Munshi has already been decided in the Regular Second Appeal and no further special leave petition is stated to have been filed against the same. So far as the civil suit",,

filed by complainant-respondent no.2 at Panipat is concerned, she has her separate claim on the basis of Will of Patori in her favour. At the same time, this fact cannot be ignored that once the relationship of Ram Piari with Munshi and",,

Bhartu has been decided by civil court, the respondent no.2 was not competent to lodge FIR by raising same issue. In that FIR,she has pointed towards various Wills but the main issue is regarding inheritance of property owned by",,

Patori and Bhartu, the controversy regarding which has already been set at rest vide judgment passed in Regular Second Appeal bearing No. 2770 of 2004.",,

13.

Keeping in view the above facts, I am of the considered opinion that continuance of proceedings in this FIR will result in misuse of the process of the court, as such the same cannot be permitted.",,

14.

Consequently, the instant petition is allowed and the impugned FIR (Annexure P-7) along with all consequential proceedings arising therefrom is quashed.",,

15.

It is, however, made clear that nothing observed in this petition shall be taken as opinion of this court regarding subject matter in civil suit filed by respondent no.2 which is pending.",,