CRM-M/40883/2026 of RATINDER KAUR Vs STATE OF PUNJAB AND OTHERS on 28 July 2026

1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973), seeking directions to respondent Nos. 2 and 4 to register an FIR and take appropriate action against the private respondents on the basis of the complaints submitted by the petitioner through the office of respondent No. 3 (Annexures P-2 to P- 31). It is alleged that, despite repeated representations, no action has been taken by the concerned authorities and that the private respondents are extending threats of dire consequences to the petitioner and her family members. The petitioner further seeks appropriate directions for the

-:2:- protection of her life and liberty, as she apprehends harm to herself and her physically disabled brother, who resides with her.

2. Learned counsel for the petitioner submits that the petitioner came to know of the registration of an alleged Will purportedly executed by her late grandfather, Mohinder Singh, nearly eight years after his demise, when she sought to have the property transferred in her name. It is contended that her un-married and physically disabled brother, who resides with her, is unable to independently manage the affairs relating to the property. It is further alleged that the petitioner’s paternal uncles, namely Ashok Kumar and Tarlok Singh, are unlawfully obstructing the petitioner from asserting her rights in the property and completing the requisite legal formalities. Despite repeated representations and complaints, no action has allegedly been taken by the concerned authorities. The petitioner further apprehends that the private respondents may cause harm to her and her brother and are extending threats of dire consequences. Accordingly, a prayer has been made for allowing the present petition and for issuance of appropriate directions.

3. Notice of motion.

4. Mr. Jasjit Singh Rattu, learned Deputy Advocate General, Punjab, accepts notice on behalf of the respondent-State and submits that the representation preferred by the petitioner has already been examined and disposed of by the Senior Superintendent of Police, Batala, who found the controversy to be predominantly civil in nature. Learned State counsel

-:3:- has, therefore, vehemently opposed the present petition and prayed for its dismissal.

5. I have heard learned counsel for the parties at length and have carefully perused the paper book as well as the material placed on record with their able assistance.

6. A perusal of the pleadings and the material placed on record reveals that the grievance of the petitioner primarily pertains to her alleged entitlement to a share in the property of her late grandfather-Mohinder Singh and the validity, genuineness and legal effect of a registered Will purportedly executed by him. The resolution of such issues would necessarily entail an adjudication of disputed civil rights relating to succession, title and ownership, which falls within the domain of the competent civil court.

6.1. The controversy, therefore, is predominantly civil in nature. The inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, cannot be invoked to impart a criminal colour to a dispute essentially concerning civil and property rights. The petitioner is at liberty to avail herself of such remedies as may be permissible under law before the competent forum. Accordingly, without expressing any opinion on the merits of the rival claims of the parties, the present petition, being devoid of merit, is hereby dismissed.

7. In view of the final disposal of the principal petition, all pending miscellaneous applications, if any, arising out of or ancillary to

-:4:- the present proceedings, shall also stand disposed of accordingly. No separate or further orders are required to be passed in respect thereof.

( VIRINDER AGGARWAL) 28.07.2026

JUDGE Gaurav Sorot Whether reasoned / speaking? Yes / No Whether reportable? Yes / No