Supreme Court of India · 2006-02-03
Shiva Nath Prasad vs State Of West Bengal & Ors
- Citation / case number
- AIR 2006 SUPREME COURT 1181
- Court
- Supreme Court of India
- Petitioner
- Shiva Nath Prasad
- Respondent
- State Of West Bengal & Ors
- Bench
- B.P. Singh, S.H. Kapadia
Judgment text excerpt
The Supreme Court upheld the High Court's refusal to quash proceedings against the accused under Sections 120-B, 406, 417, and 420 IPC, affirming that the allegations of conspiracy and fraud in the revocation of mutual wills and trusts were sufficient to proceed with the case. The Court emphasized that the intentions of the deceased couple regarding their estate, as expressed through their mutual wills and trusts, must be respected, and any deviation from this could constitute criminal wrongdoing. The appeals were dismissed, allowing the criminal proceedings to continue.