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Prayagraj, 09 September (HS). Allahabad High Court termed the fight between two brothers for 2.20 lakhs after the death of their father as unfortunate. It said that we always remember the sacrifice of Lord Ram's younger brother Bharat. But here the behavior of the younger brother with his elder brother made him Kaliyug Bharat.
The court said that the elder brother withdrew money from the father's joint account. The court tried to reach a settlement, but due to the younger brother's obstinacy, no result could be achieved. Although the dispute over money is of civil nature, unfortunately the younger brother, who is a lawyer, turned it into a criminal proceeding to harass him.
The court has cancelled the criminal case proceedings pending against the elder brother Sanjeev Chaddha petitioner in a CJM Kanpur Nagar and imposed a fine of Rs 25,000 on the complainant younger brother Rajiv Chaddha. It has been directed to pay this amount to the petitioner within four weeks.
This order was given by Justice Saurabh Shyam Shamsheri while accepting the petition of Sanjeev Chaddha. In the petition, the validity of the police charge sheet and summons order filed on the charge of criminal breach of trust was challenged.
It is known that after the death of the father, the elder brother withdrew Rs 2.20 lakh from the joint bank account and also got the father's will made. In which the younger brother was not to get any benefit. To create pressure, the younger brother lodged an FIR against the elder brother in Kidwai Nagar police station and alleged that by withdrawing the money, the brother has committed fraud and breach of trust.
The police filed a chargesheet only under section 406 on which the court took cognizance and issued summons. The High Court fixed several dates for settlement between the brothers but no agreement was reached.
The court said that no charge sheet was filed on the charges of fraud and fake will. The complainant converted the civil dispute into a criminal dispute to harass and pressurize and has not challenged the will yet. The court said that the elements of criminal breach of trust are not present. Therefore, no case is made out and the entire case proceedings were quashed.