Abhai Kumar, J. - (1.) This petition under Section 482 Cr.P.C. has been filed with the prayer to quash the judgment and order dated 24.6.2017 passed by learned Sessions Judge, Gorakhpur in Criminal Revision No. 125 of 2017 (Awdhesh Pratap Narayan Giri and others Vs. State of U.P. and another) and order dated 13.2.2017 passed by learned Chief Judicial Magistrate, Gorakhpur in Criminal Complaint Case No. 2665 of 2016 (Jagdish Pratap Narayan Giri Vs. Harihar Prasad Giri and others), under Sections 420, 504, 506 I.P.C., Police Station - Cantt., District - Gorakhpur. It is further prayed that the further proceeding of the aforementioned criminal complaint be stayed, during the pendency of the present petition.
(2.) The present petition has been filed on the ground that Will that is said to have been executed by the grand-father of opposite party no. 2 was not in the knowledge of applicants and if any civil suit is filed without giving the details of the Will, it cannot be said that an offence under Section 420 IPC has been committed.
(3.) The affidavit that has been filed alongwith the petition, it is specifically mentioned that applicants were not in the knowledge of the Will dated 9.7.1986. It is also stated that after this fact came to the knowledge of the applicants, Original Suit No. 283 of 2015 (Awdhesh Pratap Narayan Giri Vs. Jagdish Pratap Narayan Giri and others) was filed for cancellation of the Will deed in the court of Civil Judge (Junior Division), Gorakhpur. It is also submitted by the learned counsel for the applicants that charges under Section 420 IPC, also not made out. It is submitted by the learned counsel that opposite party no. 2 was not deceived fraudulently or dishonestly and was not forced to deliver any property to the applicants and further opposite party no. 2 was not deceived to do or omit to do anything which he would not do or omit.;