- (1.) Two brothers, applicant Arun Kumar and respondent no. 2 Mritunjay Kumar are at each other's throat vying for possession of two bedroom flat bearing no. B-138, Kendriya Vihar, Sector-51, Noida, District Gautam Buddh Nagar resulting in civil as well as criminal litigation including present charge sheet dated 17.9.2013 under Sections 392, 452, 342, 323, 504, 506, 427 Indian Penal Code (in short, IPC) arising out of Case crime no. 33 of 2010, Police Station Sector-49 Noida, District Gautam Buddh Nagar.
(2.) Applicant seeks quashing of the aforesaid charge sheet and subsequent proceedings. The brief facts relating to the dispute are that applicant Arun Kumar is working in Border Security Force (in short, BSF) as an employee. He was allotted a two bedroom flat no. B-138, Kendriya Vihar, Sector-51, Noida, District Gautam Buddh Nagar by Central Government Employees Welfare Housing Organization (in short, (C.G.E.W.H.O.) under para-military quota in the year 1997. The possession of the flat was handed-over to the applicant in the year 1999. Applicant, his wife and two children started living in this flat. Since the applicant mostly remains outside on account of his onerous duty, he allowed his elder brother respondent no. 2 to stay in a portion of the aforesaid flat so that during his absence, his elder brother can take care of his family and manage the property while remaining portion was occupied by the applicant's family. Respondent no. 2 was unmarried till 2006
(3.) It is stated that for day to day management of the property including telephone connection and power connection etc. a general power of attorney (in short, G.P.A.) and a Will was executed in favour of respondent no. 2. Respondent no. 2 got married in the year 2007. It is further stated that respondent no. 2 developed oblique interest in the property of the applicant and on suspecting the motive of respondent no. 2, applicant cancelled G.P.A. and executed a fresh Will in favour of his wife and children and duly intimated respondent no. 2. In fact, applicant also asked respondent no. 2 to shift to some other property because he required entire flat for growing family needs but Mritunjay Kumar respondent no. 2, instead of vacating the portion of the flat, which was in his possession, issued a legal notice dated 29.5.2007 through his Advocate, which was replied by counsel of the applicant on 28.7.2007. The crux of the dispute is that respondent no. 2 started claiming ownership right on the ground that money for acquisition of the aforesaid flat was supplied by the family especially parents and other brothers of the applicant and family settlement gave this property to respondent no. 2. His claim is that entire money for purchase of the aforesaid property was supplied by the parents, other brothers and respondent no. 2 and now after escalation in value of property, the applicant is trying to grab the property.;