SMT. ANIMA NAG Vs. SHRI SUKUMAR DEY

JUDGEMENT

(1.) Instant petition under Sec. 482 Crimial P.C. 1973 has been filed for quashing the C.R. Case No. 579 (S) of 2017 pending in the Court of the learned Judicial Magistrate, First Class, Shillong.

(2.) The perusal of the complaint reveals that a plot of land measuring 4,623 sq. ft. covered by old Patta No. Nil dated 09.01.1961 and renewal Patta No. 188 of 1980 dated 14.11.1980 issued by the Syiem of Mylliem in Durbar, Mawkhar, Shillong stood in the name of Sudarshan Chandra Dey (deceased). The said deceased has left behind four issues, 2 sons and 2 daughters. The landed property aforesaid was to be mutated in favour of the respondent (Complainant) and his brother. It is alleged that the petitioner (sister) had dishonestly, fraudulently and illegally approached the Syiem of Mylliem in Durbar, Mawkhar, Shillong for issue of a joint Patta in her name, in the name of the Complainant and sister Smt. Maya Naug omitting the name of another brother Shri Samarendra Dey. It is also alleged that the petitioner (accused) without informing and taking the consent of the Complainant (respondent), on obtaining Patta has caused a wrongful loss to the Complainant. It is further stated in the Complaint that in accordance with law, inheritance of land and property of the deceased was to be divided Serial No. 04 Regular List amongst the legal heirs in equal shares. The married daughters are excluded from inheritance. It is further stated that the respondent (Complainant) vide his letter dated 14.06.2017 has informed the Syiem of Mylliem, Mawkhar, Shillong for cancellation of the Patta.

(3.) During the course of arguments, it was divulged by both the learned counsel for the parties that the petitioner has filed a suit for partition which is pending before the Court of Assistant to the Deputy Commissioner wherein, all four i.e., two brothers and two sisters are the parties. In addition thereto, the Complainant (respondent) has also taken up the matter with the Syiem of Mylliem for cancellation of the Patta, which is pending before the Syiem of Mylliem, Mawkhar, Shillong. The dispute initially appears to be of civil nature i.e., two brothers and two sisters have a dispute regarding inheritance, the petitioner (sister of the respondent) has claimed share from the landed property left behind by her father, whether she is entitled to the same or not has to be decided by the Civil Court where the suit is already pending whether the Patta has been validly issued or not is again under consideration before the Syiem of Mylliem, Mawkhar, Shillong, the criminality so as to prosecute the petitioner is not forthcoming.