Chandrawati, who died on 06.06.2016; (ii) Smt. Mewati, wife of appellant, executed the sale deed dated 26.06.2017 in favour of the informant/respondent no.2; (iii) Respondent no. 2, after huge delay of about 3-1/4 years, preferred an application under Section 156(3) of CrPC and based upon the allegation(s) therein, the concerned court directed the police official concerned to lodge an FIR against the appellant; (iv) The application under Section 156(3) CrPC was preferred on the basis of the fact that the nephew of Smt. Chandrawati, mother of Smt. Mewati/wife of appellant, raised their claim regarding the land in issue, based upon the registered Will dated 26.04.2012; (v) Smt. Mewati, during her life time instituted Regular Suit No.135 of 2019 for cancellation of Will dated 26.04.2012, which is pending consideration; and (vi) Rupees Ten Lakh and Fifty Thousand was accepted by Smt. Mewati, as indicated in the sale deed, annexed as Annexure No.5 to the affidavit filed in support of the application for bail, and in this view of matter, in fact, no offence has been committed by the appellant and to a civil dispute, criminal colour has been given, and as such, in view of law laid down by Hon'ble Apex Court in the judgment rendered in the case of Paramjeet Batra vs. State of Uttarakhand and Others (2013) 11 SCC 673, prosecution should not continue.
