- (1.) B. A. Zaidi, J. One Nihal Ahmad of Mohalla Raiwa in district Saharanpur is said to have made a will dated 23-3-1976 copy of which is on record by which he gave half of his immovable property t (c) his three sons and half to one (c)f his sister's son one Abdul Wahab.
(2.) THE opposite-party No. 2 Mohd. Yusuf son of the testator Nihal Ahmad lodged a First Information Report against the aforesaid abdul Wahab in favour of whom the will had been executed and the two attesting witnesses of the will, which was registered on the orders of the Magistrate under Section 156 (3) Cr. P. C. The aforesaid Mohd. Yusuf, who had lodged the F. I. R. , is dead but has still been made opposite-party No. 2 in this application. It is not known. whether this is deliberate or inadvertant. Subsequent to the registration of the F. I. R. after investigation a charge-sheet has been filed against the applicant, the aforesaid Abdul Wahab and the other attesting witnesses of the Will.
(3.) ONE of the two attesting witnesses has filed this application for quashing of the charge-sheet on the ground that the matter is of a civil nature and should not proceed in the Criminal Courts and there has been a compromise between the three accused in the case and the brother of the complainant, one of the sons of deceased Nihal. The argument from the side of the Counsel for the applicant has been that the remedy of the complainant lay in filing a suit of cancellation of Will in the Civil Court and the matter should not have been dragged into the Criminal arena. The F. I. R. nations that the three accused in the case constitute a notorious Land Mafia and they have been engaging themselves in appropriating lands of other persons by forging documents and by foul means and they even threatened the complainant deceased Usuf. It may be noted that the will is an unregistered document on plain paper.;