M. SRIKANTH versus STATE OF TELANGANA AND ANR.

Citation: [2019] 13 S.C.R. 961 · Decided: 21-10-2019 · Supreme Court of India · Bench: NAVIN SINHA · Disposal: Disposed off

Judgment (excerpt)

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961
M. SRIKANTH
v.
STATE OF TELANGANA AND ANR.
(Criminal Appeal No. 1586 of 2019)
OCTOBER 21, 2019
[NAVIN SINHA AND B. R. GAVAI, JJ.]
Code of Criminal Procedure, 1973 –s.482 –Exercise of
jurisdiction under – Respondent no.2-complainant filed complaint
against nine persons including accused no.1, her brother – As per
the complainant, her father was the owner of the property in question
and after his death, the property was inherited by her, her three
sisters and accused no.1 – She averred that her father had entered
into a development agreement with a Construction Company that
assigned the rights in favour of a Company represented by accused
no.3, who after the death of her father tried to trespass into the
property – Complaint registered – Various other complaints, suits
filed by the complainant and her sisters against accused persons –
Complaint also alleged that accused no.1 fabricated documents,
Will – Direction for registration of FIR – Criminal petition of accused
no.4 (who, allegedly, was permitted by accused no.1 to sub-lease
the land in favour of accused no.5) u/s.482, dismissed – That of
accused nos.5-9, allowed – Present appeals by the complainant
and accused no.4 – Held: Complaint reveals disputed property claim
based on inheritance between the complainant, her sisters and
accused no.1 – There is no whisper in the complaint that the accused
no.4 was fully aware that accused no.1 was not the sole beneficiary
by inheritance and that the property had devolved upon the
complainant and her sisters – Nothing to show that knowing this he
collusively entered into the lease agreement with accused no.1, by
creating fabricated Will – No suggestion with regard to manner of
conspiracy, as alleged – Complaint itself reveals that the father of
the complainant and accused no.3 had himself entered into
development agreement which was cancelled during his lifetime –
Issues raised reflect a civil dispute with regard to inheritance
amongst the legal heirs – Dispute with regard to the inheritance
 [2019] 13 S.C.R. 961
961
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SUPREME COURT REPORTS
[2019] 13 S.C.R.
can not be decided in criminal proceeding – Same can be done
only in an appropriate civil proceeding – Civil proceedings with
that regard are already instituted by various parties including the
complainant– Further, Single Judge rightly found that there was no
material to proceed against accused nos.5-9– Original accused
no.4’s case is covered by categories (1) & (3) carved out by Supreme
Court in the Bhajan Lal case – Also, even if the allegations are taken
on face value, there is no material to proceed against him – Criminal
proceedings against accused no.4, quashed – Penal Code, 1860-
ss.120-B, 380, 420, 448.
Disposing of the appeals, the Court
HELD: 1.1 The complaint reveals a disputed property claim
based on inheritance between the complainant, her sisters and
her brother, accused No.1. The complainant also disputes with
regard to the area of the property including the manner of its
devolution upon the parents of the complainant and her competing
interest with that of her siblings. There is not even a whisper in
the complaint that the present appellant, i.e., accused No. 4 was
fully aware that accused No.1 was not the sole beneficiary by
inheritance and that the property had devolved upon the
complainant and her sisters. Also there is nothing to show that
knowing this he has collusively entered into the lease agreement
with accused No.1, by creating a false and fabricated will. Though,
there is a mention with regard to conspiracy, but there is not
even a suggestion with regard to manner of such conspiracy. The
father of the complainant and accused No.3 had himself entered
into a development agreement which subsequently came to be
cancelled during his lifetime. It would also reveal, that only after
the lease in question was executed in favour of the appellant, the
complainant has raised all these issues. The issues raised reflect
a civil dispute with regard to inheritance amongst the legal heirs.
It is not understood as to how a dispute with regard to the
inheritance under a will and deed of confirmation can be decided
in a criminal proceeding. The same can be done only in an
appropriate civil proceeding. Not only that, the civil proceedings
with that regard are already instituted by various parties including
the complainant. Though in the complaint, the complainant had
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mentioned about pendency of O.S. No. 1989 

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