P. K. BISWAS, J. ( 1 ) MR. Ashim Kr. Roy, learned counsel for the petitioners is present. Heard Mr. Roy at length. None, however, appears on behalf of the opposite party. Let the affidavit of service filed be kept with the record. ( 2 ) THIS is an application under section 482 of the Code of Criminal Procedure seeking to quash the prosecution against the present petitioners under section 406 IPC, in connection with C. R. Case No. 194 of 1995 pending before the Court of the learned Sub-Divisional Judicial Magistrate, Alipurduar, Jalpaiguri. ( 3 ) THE short facts leading to the filing of this revisional application are as under:- ( 4 ) ONE Sunil Behari Ghosh made a complaint on 5th June, 1994 before the learned Sub-Divisional Judicial Magistrate, Alipurduar, alleging the commission of offence under section 406 IPC against the present petitioners whereupon C. R. Case No. 194 of 1995 was registered. ( 5 ) AFTER receipt of the aforesaid complaint and after examining the complainant and one witness the learned Court below took cognizance under section 406 IPC and directed issuance of summons thereunder against the present petitioners. ( 6 ) IT has been alleged by the petitioners that the sum of substance of the allegations contained in the petition of complaint is that the complainant long before the marriage of his daughter gave her various gold ornaments and after the marriage when she went to her matrimonial home with her husband she took all her ornaments. Subsequently, the daughter of the complainant requested the defacto complainant to present her all cash amount, steel almirah and dining table for her use at her matrimonial home and accordingly, the complainant paid a sum of Rs. 25,000/- to his daughter in presence of her husband for purchasing the aforesaid articles and those articles were accordingly purchased with the said money. ( 7 ) IT was further alleged in the petition of complaint that the said gold ornaments and the articles were the personal properties of the daughter of the complainant and she was the custodian of those properties and after the unfortunate death of his daughter the aforesaid articles were not handed over to the complainant or to any of his family members even on repeated demands and, accordingly, the aforesaid complaint has been lodged for not handing over those properties to the defacto complainant. ( 8 ) IT has further been alleged that as per provisions of section 15 of the Hindu Succession Act, 1956 the property of a female Hindu dying intestate shall devolve according to the rules set out in section 16- firstly upon the sons and daughters (including children of any pre-deceased son or daughter) and the husband; secondly, upon the heirs of the husband; thirdly, upon the mother and father; fourthly, upon the heirs of the father and lastly, upon the heirs of the mother and as per provisions of section 16 Rule (1) it has been clearly laid down that among the heirs specified in sub-section (1) of section 15 of the Hindu Succession Act, 1956, those in one entry shall be preferred to those in any succeeding entry and those including in the same entry shall take simultaneously. ( 9 ) REFERRING to the above provisions of the Hindu Succession Act, it has been alleged further that here in this case the daughter of the defacto complainant had admittedly, no sons and daughters. So, certainly as per the provisions of the Hindu Succession Act those will first devolve upon the husband and then in the absence of husband or any other specified heirs in (a) (b) and mother in section 15 of the Act it shall devolve down at the father and husband of a female Hindu shall only be disqualified in view of the provisions of section 25 of the Hindu Succession Act. ( 10 ) SO, plainly upon such provisions of the Succession Act, as mentioned above, it was contended on behalf of the petitioners that continuation of the present proceeding under section 406 IPC would be a mere abuse of the process of Court inasmuch as, neither there was a proper entrustment nor the defacto complainant has any locus standi or legal sanction to inherit the property, owned by his daughter until and unless the said husband, in the absence of any other classified heirs, is treated to be disqualified to inherit the property of the daughter of the defacto complainant by any competent Civil Court. So, by filing the instant application it has been contended that this is a case where the Court should come forward to exercise its' inherent jurisdiction for quashing of the proceeding. So, by filing the instant application it has been contended that this is a case where the Court should come forward to exercise its' inherent jurisdiction for quashing of the proceeding. ( 11 ) I have heard the submissions made by the learned counsel for the petitioners and I have also perused the materials available, specially the petition of complaint wherefrom it appears that the defacto complainant has claimed himself to be the legal custodian of the properties, left by his deceased daughter. ( 12 ) TRUE it is that section 482 of the Criminal Procedure Code authorises this Court to quash the criminal proceeding pending before any Court subordinate to it where plainly upon the perusal of the materials available before the Court, it appears to the Court that continuation of such criminal proceeding would be a mere abuse of the process of Court. Of course, it is also quite settled position that in doing so the Court should not embark upon any sort of enquiry with regard to such allegations regarding their truthfulness or otherwise and if upon plain perusal of those materials, as they are, it appears to the Court that those do not constitute any offence in that event Court should come forward in quashing the said proceeding. ( 13 ) HERE, upon reading the allegations, as levelled in the petition of complaint, specially in paragraphs 5 and 9 and taking into consideration the provisions of the Hindu Succession Act, specially the provisions of sections 15 and 16 of the Hindu Succession Act, I am of the clear opinion that continuation of the present proceeding at the instance of the father of the deceased daughter would be a mere abuse of the process of Court and in that view of the fact I hold clearly that the continuation of the present proceeding is quite illegal and unwarranted and as such the present proceeding should be quashed. ( 14 ) IN view of what I have stated above, I hold that the instant revisional application should succeed and there should be an order of quashing of the aforesaid criminal proceeding. The revisional application is, thus, disposed of accordingly and the criminal proceeding in C. R. Case No. 194 of 1995, now pending before the Court of the learned Sub-Divisional Judicial Magistrate, Jalpaiguri stands quashed. The revisional application is, thus, disposed of accordingly and the criminal proceeding in C. R. Case No. 194 of 1995, now pending before the Court of the learned Sub-Divisional Judicial Magistrate, Jalpaiguri stands quashed. Let a copy of this order be sent down to the Court below for information and necessary compliance. Let xerox certified copy of the order, if applied for, be made available to the petitioners on urgent basis upon usual undertakings. Application disposed of