Relinquishment deed - section 420 i.p.c.
M Satyanarayana
(Querist) 16 June 2012
This query is : Resolved
Sir,
My sister created false unregistered and unstamped relinquishment deed to acquire my 2/3rd share illegally. Further she mentioned in the deed she has paid consideration amount to me. She filed criminal case under section 420 I.P.C. through a private complaint with xerox copies of deeds on myself and my father who is over 83 years old .The witnesses mentioned in the deeds are strangers and there is no proof of any money transactions involved and particular date and time is mentioned. I was arrested and sent to judicial custody and I took bail. My father is shown as accused No.2 who is living in the village not been arrested so far and is shown as absconding.
At this stage can I file quash proceedings in the high court. Please advise and suggest what are the options before me I would be grateful for the advise.
Thanking you,
Yours faithfully,
M.S.N.
Adv Archana Deshmukh
(Expert) 16 June 2012
It is a private complaint, so file revision before the sessions court for recalling of process issued against you.
Adv.R.P.Chugh
(Expert) 16 June 2012
Issue of process is interlocutory order against which no revision is permissible. You can go for quashing of complaint and proceedings arising therefrom. You can also argue on discharge.
ajay sethi
(Expert) 16 June 2012
you have stated that signature was forged . no such deed of relinquishment has been signed by you . no considertaion has changed hands . you will have to contest the case .
you can if you so desire file compeliant against your sister for forgery etc.
if you file petition for quashing court may ask you to face trial .
Adv Archana Deshmukh
(Expert) 16 June 2012
Revision is fully maintainable against the order of process issue. There are many judgments in this regard.
Guest
(Expert) 16 June 2012
Move HC for quashing. An order issuing summons is an interlocutory order and, therefore, the bar envisaged in S.397(2) of Cr.P.C would apply with full vigour. The only remedy is to seek recourse to invoking the inherent jurisdiction of the HC under S.482 of the code.
Shonee Kapoor
(Expert) 17 June 2012
You have two options.
1. Contest the case
2. Go for Quashing of the complaint.
However, if the process is issued on the sound reasoning, the HC may ask you to face trial. Then you can request for speedy trial.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
PARDEEP KUMAR
(Expert) 17 June 2012
Advice, given by Mr. Sethi, appear most appropriate. You may file FIR and if authorities refuse to do so, file cross criminal complaint against your sister.
PARDEEP KUMAR
(Expert) 17 June 2012
Also obtain certified copies of said forged documents etc., from the office of Sub registrar concerned to prove your case later on.
Kiran Kumar
(Expert) 17 June 2012
I fully agree with Adv. Archana that the Summoning orders are REVISABLE in nature.
those who could not find the law in this regard may find some relevant judgment from
www.indiankanoon.org
However, if the petitioner wishes to challenge the maintainability of complaint itself then its better to file quashing petition for quashing of complaint....but in revision petition is more practical as it provides one more opportunity to challenge the process.
