Surya Kant, J. - (1.) THE prayer in this petition under Section 482 Code of Criminal Procedure is for quashing of the criminal complaint titled as Harbans Singh v. Baljit Kaur under Section 409 IPC pending in the Court of learned Judicial Magistrate, Ist Class, Kurukshetra (Annexure P -1) as also the summoning order dated 2.12.2005 (Annexure P -2) passed therein.
(2.) THE Petitioner is widow of late Jarnail Singh son of Kartar Singh. During his life -time, Jarnail Singh got a life insurance policy for Rs. 2 lacs wherein the Petitioner, being his wife, was made the sole nominee. The Petitioner's husband (Jarnail Singh) expired on 20.1.2004 and in her capacity as the sole nominee, she received a sum of Rs. 3,89,400/ - from the Insurance Corporation towards the said insurance policy. The impugned complaint has now been filed by Harbans Singh -Respondent No. 2, inter alia, alleging that deceased Jarnail Singh was married to his daughter Karamjit Kaur also and out of the said wedlock, two minor children, namely, Jaskiran and Gurkiran were born. Alleging further that Jarnail Singh in his life time had executed a registered Will dated 11.7.2003 whereby he deprived of his daughter Sukhwinder Kaur from inheriting any of his movable or immovable properties including the amount of the insurance policy. As per the said Will, the complainant's daughter, her two minor children as well as the Petitioner are the only Class -I legal heirs of deceased Jarnail Singh and are entitled to inherit his estate in equal shares. The complainant also alleged that despite the said Will executed by deceased Jarnail Singh, the Petitioner has dishonestly misappropriated the entire payment received in lieu of Insurance policy, including shares of Jaskiran, Gurkiran (minor children) and her daughter Karamjit Kaur.
(3.) LEARNED Judicial Magistrate, Ist Class, Kurukshetra vide his order dated 2.12.2005 (Annexure P -2) summoned the Petitioner in the above -stated complaint.;