- (1.) The applicant by moving this application under Section 482 Criminal Procedure Code,1973 (in short the Code) has invoked inherent jurisdiction of this Court praying to quash the entire criminal proceedings initiated against her pursuant to Charge Sheet No. 14/2007 dated 7.5.2007 under Sections 467, 478, 471, 120-B I.P.C., Police Station-Mutthiganj, District-Allahabad, then pending in the Court of Special Chief Judicial Magistrate, Allahabad.
(2.) The facts of this case in brief are that the Opposite Party No. 2 moved an application purported to be under Section 156 (3) of the Code before the Special Chief Judicial Magistrate, Allahabad with the allegations that Late Sidhnath Singh, Late Bhola Nath Srivastava and Late Amarnath Singh sons of Late Girija Shankar Singh were the co-owners of House No. 708/461 ad-measuring 616 square meters situated at Mutthiganj, Allahabad, having one-third share each therein. After the death of aforesaid co-owners their successors in title amicably partitioned the house by meets and bound in equal shares in the manner that each got 205.33 square meters area along with super structures thereon. The heirs of Late Sidhnath Singh had sold 141.12 square meters of the property out of their share to one Smt. Rewati Bajaj through registered sale deed dated 5.7.1997 and thus, only 64.21 square meters portion of the property remained with them. The heirs of Late Sri Amarnath Singh had transferred and conveyed their entire one third share ad- measuring 205.33 square metres in favour of the wife of the complainant (O.P. No. 2) through a sale deed dated 18.8.2001. Pursuant to the said sale deed the name of the wife of the Opposite Party No. 2 was duly mutated in the records of Municipal Corporation, Allahabad. It is further alleged that the heirs of Late Sidhnath Singh had dishonest and mala-fide intention to usurp the house of the wife of the complainant and forged a fictitious family settlement dated 18.11.1970, during the period of 18.8.2001 to 30.11.2001 and instituted a suit for cancellation of the sale-deed of the wife of the applicant in the court of Civil Judge (Senior Division), Allahabad. It is further alleged that the O.P. No. 2 after knowing of the forged family settlement deed got verified the signatures of late Bhola Nath Srivastava thereon from a hand-writing expert then he came to know that the alleged family settlement is a forged and fabricated document. The O.P. No. 2 moved application under Section 156 (3) of the Code with a prayer to direct the local police to register F.I.R. and to investigate into the matter. The learned Special Chief Judicial Magistrate allowed the application and directed the local police to register the F.I.R. The I.O. after investigation submitted charge-sheet under Section 467, 468, 471 and 120-B I.P.C. against the applicant and her brother in law (Jeth) Shankar Suan on which learned Special Chief Judicial Magistrate had taken cognizance on 25.5.2007. The applicant has moved this application to quash the Criminal Case No. 1423/2007 (State Vs. Shankar Suan and another) pursuant to the Charge Sheet No. 14/2007 pending in the court of Special Chief Judicial Magistrate, Allahabad.
(3.) Heard learned counsel for the applicant, learned A.G.A. learned counsel for the Opposite Party No. 2 and also perused the record.;