[Cites 6, Cited by 0]
Uttarakhand High Court
C528/202/2026 on 20 February, 2026
Office Notes, reports,
orders or proceedings
SL.
No.
Date or directions and COURT'S OR JUDGE'S ORDERS
Registrar's order with
Signatures
C-528 No.202 of 2026
Hon'ble Alok Mahra, J.
Mr. Kedar Nath Tripathi (through
Video Conferencing) and Mr. Balvinder
Singh, learned counsel for the applicant.
2. Mr. S.C. Dumka, learned A.G.A. along
with Mr. Pradeep Lohani, learned Brief
Holder for the State.
3. Present application under Section 528
Cr.P.C. has been preferred by the applicant
seeking quashing of the order dated
02.12.2025 passed by the learned Judicial
Magistrate, 2nd Class, Roorkee, District
Haridwar, in Case Crime No. 113 of 2022,
arising out of F.I.R. dated 03.02.2022,
registered at Police Station Gangnahar,
District Haridwar for offences punishable
under Sections 420, 467, 468 and 471 I.P.C.,
whereby the protest petition filed by
respondent no.2 was allowed, the final report
submitted by the police was rejected, and the
applicant was summoned to face trial. The
applicant has further prayed for quashing of
the entire criminal proceedings arising out of
the aforesaid case crime number.
4. Learned counsel for the applicant
would submit that respondent no.2 (the
complainant) lodged the F.I.R. alleging that
her husband expired on 16.05.2021 and that
she, being issueless, is the sole legal heir of
the deceased. It is alleged that the applicant
has fabricated a forged Will dated
11.01.2005 purportedly executed by the
deceased husband, whereby one-half share
of the property has been bequeathed in
favour of the applicant and the remaining
half in favour of the complainant.
4. It is further submitted that subsequent
to the death of her husband, the
complainant instituted mutation proceedings
under Section 34 of the U.P. Zamindari
Abolition and Land Reforms Act before the
Tehsildar, Roorkee. Upon getting knowledge
of the said proceedings, the applicant filed
objections therein and produced the
aforesaid Will in support of her claim. The
mutation proceedings are stated to be
pending adjudication before the competent
revenue court, where the genuineness and
validity of the Will is sub judice.
5. Learned counsel contends that after
completion of investigation, the Investigating
Officer submitted a final report. However, the
complainant filed a protest petition which
has been allowed by the impugned order
dated 02.12.2025, summoning the applicant
for offences under Sections 420, 467, 468
and 471 I.P.C.
6. It is argued that the dispute between
the parties essentially pertains to title and
succession to immovable property and is
purely civil in nature. The question regarding
the authenticity and validity of the Will is
already pending consideration before the
competent revenue court. In the absence of
any prima facie material establishing the
essential ingredients of the alleged offences,
the initiation and continuation of criminal
proceedings amounts to giving a civil dispute
a criminal colour and constitutes abuse of
the process of law. It is, therefore, submitted
that the impugned summoning order as well
as the entire proceedings deserve to be
quashed.
7. Issue notice to respondent no.2,
returnable within six weeks.
8. Steps to be taken within one week.
9. List the matter after service of notice
upon respondent no.2. 7.
10. Objections/counter affidavit, if any,
may be filed by the State/respondent.
11. Meanwhile, as an interim measure,
further proceedings of Case Crime No.113 of
2022 arising out of F.I.R. dated 03.02.2022,
under Sections 420, 467, 468 and 471 I.P.C.,
Police Station Gangnahar, District Haridwar,
pending before the learned Judicial
Magistrate, 2nd Class, Roorkee, District
Haridwar, shall remain stayed till the next
date of listing.
(Alok Mahra, J.)
20.02.2026
Mamta
