Umesh Chandra Srivastava, J. - (1.) Heard Shri S.B. Singh, learned counsel for the applicants, learned A.G.A. for the State and Shri Kunjesh Kumar Dubey, learned counsel for opposite party no. 2.
(2.) Applicants have filed this application under Section 482 Cr.P.C. with prayer seeking quashing of proceedings of Complaint Case No. 1122 of 2016 (Pankaj Kumar Vs. Girja Devi and others), under Sections 419, 420, 467, 468 I.P.C., P.S. Chandauli, District Chandauli pending in the Court of Chief Judicial Magistrate, Chandauli.
(3.) Brief facts of the case being relevant for the disposal of application are as under:- Rama Shanker, the maternal grand father of opposite party no. 2 Pankaj Kumar was the actual owner of the property in question. Opposite party no. 2 is the son of only daughter of Rama Shanker. After the death of his first wife Rama Shanker had kept applicant no. 1 Girja Devi with him as his wife. Girja Devi has no child of her own. Rama Shanker wanted to give his property to opposite party no. 2. He had executed a will also in this regard in favour of opposite party no. 2, in respect of which he himself used to tell him and also that said will was lying with applicant no. 1 Girja Devi. After the death of Rama Shanker, applicant no. 3 Seema Bharti and applicant no. 4 Laxmi Devi, who are the real sisters of opposite party no. 2 along with their husbands applicant no. 2 Prem Chand Prasad and applicant no. 5 Kapil Kumar got registered gift deed of the property of Rama Shanker executed in their favour on 16.12.2013. When after coming to know about the gift deed, opposite party no. 2 made enquiry about will allegedly executed by Rama Shanker, it came to his notice that all five applicants in-connivance with each other by making interpolation in the will have got the name of applicant no. 1 Girja Devi inserted as legatee in place of opposite party no. 2.;