Madras High Court
P.Thiyagarajan vs Vijaya on 30 June, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.No.19867 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2022
CORAM:
THE HON’BLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.19867 of 2020
and
Crl.M.P.Nos.8159 and 8160 of 2020
1. P.Thiyagarajan
2.P. Karunanidhi ... Petitioners
Vs.
Vijaya ... Respondent
Prayer: Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, to call for the records and quash the private complaint
proceeding pending against the petitioners in C.C.No.32 of 2013 on the
file of the Special Court for Exclusive Trial of Land Grabbing Cases,
Tiruppur.
For Petitioners : Mr.P.M.Duraiswamy
For Respondent : No appearance
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Crl.O.P.No.19867 of 2020
ORDER
This Criminal Original Petition has been filed to quash the proceedings in C.C.No.32 of 2013 on the file of the Special Court for Exclusive Trial of Land Grabbing Cases, Tiruppur.
2. Though notice has been served on the respondent and his name is printed in the cause list, there is no representation for the respondent either in person or through counsel.
3. The respondent, initially lodged a complaint and the same has been registered in Crime No.2664 of 2011 on the file of the Inspector of Police, Dharapuram, for the offences under Sections 468, 471 and 420 of IPC as against the petitioners, alleging that the petitioners had fabricated the Release Deed dated 08.03.2007 as if the respondent and her three sisters had executed the said Release Deed in favour of the petitioners herein. Thereafter, the petitioners herein relinquished their respective shares in the properties left behind by their father. It is further alleged that the petitioners forged their signatures in the Release Deed and they were not parties to the preparation of the said Release Deed. 2/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19867 of 2020 The Inspector of Police, Dharapuram Police Station, recorded the statement of the respondent and other sisters of the respondent and concluded that the entire complaint is false one and it was closed as ‘Mistake of Fact’.
4. On receipt of the Referred Charge Sheet notice, the respondent filed a protest petition before the learned Judicial Magistrate, Dharapuram. On the protest petition, the learned Judicial Magistrate, Dharapuram recorded the statement from the witnesses and had taken cognizance. Subsequently, the case was transferred to the file of the Special Court for Exclusive Trial of Land Grabbing Cases, Tiruppur, as per the order of the learned Chief Judicial Magistrate, Tiruppur.
5. The learned counsel for the petitioner would submit that the Inspector of Police, Dharapuram, conducted a detailed enquiry and recorded the statement from all the witnesses viz., all the relatives, who had categorically stated that the respondent and other three sisters had executed a Release Deed dated 08.03.2007 in favour of the petitioners 3/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19867 of 2020 thereby relinquished the right over the family property, which was left behind to their father. The respondent and other three sisters were duly present before the registering authority and registered the Release Deed vide Document No.1791 of 2007. Therefore, the Inspector of Police, Dharapuram Police Station, concluded as follows :
“mth;fs; ,we;j gpd;dh;. fle;j 08/03/2007 njjp nkw;goahh;fs; midtUk; fye;J ngrp nkw;go brhj;Jf;fis bghUj;jkl;oy; xU ghj;jpak; Vw;gLj;jpf; bfhs;s ntz;Lk; vd;W Kot[ bra;Jk; nkw;goahsh;fspd; bgz;
FHe;ijfshd thjp tp$ah. T.rj;jpathzp.
Mde;jp. nyhfehafp Mfpa 4 bgz;fSk; jhahh;
ru!;tjpa[k; Mz; FHe;ijfshd jpahfuh$d;.
fUzhepjp Mfpa ,UtUf;Fk; xU ghfghj;jpa
tpLjiyg; gj;jpuk; vGjpf; bfhLj;Jk;. bgz;
thhpRfs; 4 ngh;fSk; jyh U:/ 1 1-2 yl;rk;
U:ghia gpujpa[gfhukhf (bkhj;jk; U:/6.00.000-)
bgw;Wf; bfhz;Lk; brd;Ws;sdh;/ mt;thW cs;s
ghfghj;jpa tpLjiyg; gj;jpuk; gj;jpuk; vz;
1791-2007 ehs; 08-03-2007 gpufhjk;
gjpthfpa[s;sJ/ mjd; gpd;g[ fle;j 14-06-2011k;
njjp nkw;goahsh;fspd; jhahuhd ru!;tjp
,we;j gpd;g[ rht[ rl';fpw;F te;jpUe;j thjp
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Crl.O.P.No.19867 of 2020
tp$ah kw;Wk; mtuJ fzth; Fkunty;
Mfpnahh;fs;. nkw;go jpahfuh$d;. fUzhepjp
Mfpnahh;fsplk; brhj;Jg; gw;wp ngrpa[k;
xUtUf;bfhUth; tha; jfuhW bra;J bfhz;L
brd;wth;fs;. nkw;go fhyp ,l';fs; jhuhg[uk;
gFjpapy; ey;y tpiyf;F brd;W
bfhz;Ls;sjhYk;. RkPgfhykhf fhty;Jiw epy
nkhro tHf;Ffs; gjpt[ bra;J tprhuiz
bra;J bfhz;oUg;gija[k; bjhpe;Jk;. kP;z;Lk;
me;j brhj;jpy; g';F nfl;Lk; gyd; milayhk;
vd;w fUj;Jld;. kw;wth;fspd; jtwhd
Mnyhridapd; nghpy;. thjp tp$ah cz;ikf;F
g[wk;ghf ,t;tHf;if bfhLj;Js;shh;/ vdnt
,t;tHf;if “bghUz;ik gpiH” vd Kot[
bra;ag;gl;lJ”.
6. Accordingly, after death of their mother on 14.06.2011, the respondent and her sisters lodged a complaint alleged that they never executed the release deed in their favour and the same was forged, by forging the signatures of the petitioners. After closing the FIR as “Mistake of Fact”, the respondent served with referred charge sheet notice. On receipt of the same, the respondent filed a protest petition before the learned Judicial Magistrate and the learned Judicial Magistrate examined the witnesses including the respondent. Thereafter, the 5/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19867 of 2020 learned Judicial Magistrate had taken cognizance for the offence under Sections 468, 471 & 420 of IPC and the case has been transferred to the file of the Special Court for Exclusive Trial of Land Grabbing Cases, Tiruppur as per the order of the learned Chief Judicial Magistrate, Tiruppur and it is pending for trial in C.C.No.32 of 2013.
7. That apart, the respondent filed a suit for partition in O.S.No.35 of 2012 on the file of the Sub Court, Dharapuram as against the petitioner and other sisters. In the said suit, the petitioners marked the Release Deed dated 08.03.207 through the respondent/P.W.1 as Ex.B1. During cross examination of the respondent as P.W.1, she categorically stated as follows :
“08/03/2007 njjpa ghf ghj;jpa
tpLjiy gj;jpuj;jpy; 3 Kjy; 5 gpujpthjpfs;
vd;Dld; nrh;e;J ifbaGj;J nghl;Ls;shh;fs;/
nkYk; me;j ghf tpLjiy gj;jpuj;jpy; vd;
jhahUk;. ifnuif itj;Js;shh;/ vd;dplk;
fhl;lg;gLk; Mtzj;jpy; cs;s ifbaGj;J
vd;DilaJ jhd;/ mjpy; vd;Dld; nrh;e;J
vd; jhahUk; kw;w rnfhjhpfSk; nrh;e;J
ifnuif kw;Wk; ifbahg;gk; bra;Js;shh;fs;/
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Crl.O.P.No.19867 of 2020
me;j gj;jpuj;jpy; cs;s vd;Dila ifbahg;gk;
kl;Lk; gp/th/rh/M.1 ”
8. Therefore, on the strength of the Release Deed, the suit filed by the respondent for partition was dismissed by the Trial Court by a Judgment and Decree dated 28.11.2018. It is also seen that after demise of mother of the parties herein, the respondent lodged a complaint and referred the FIR as “Mistake of Fact” dated 16.04.2012, the respondent filed a suit for partition. In her deposition, she categorically admitted that she, along with other two sisters, executed the Release Deed in favour of the petitioners herein. She has also admitted the signature found in the Release Deed dated 08.03.2007 belonged to her. In fact, in the Release Deed, the deceased mother is also one of the witnesses. Therefore, the respondent continuously lodged the complaint only after demise of their mother on 14.06.2011. Therefore, the Inspector of Police, Palladam Police Station, has rightly closed the FIR as “Mistake of Fact”.
9. Without considering those aspects, the learned Judicial Magistrate, Dharapuram had mechanically taken cognizance for the 7/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19867 of 2020 offence under Sections 468, 471 & 420 of IPC in C.C.No.32 of 2013. In view of the above, the entire proceedings in C.C.No.32 of 2013 is nothing but a clear abuse of process of law and only to grab the property, the respondent had lodged the complaint with false allegations.
10. In view of the above, the proceedings in C.C.No.32 of 2013 on the file of the Special Court for Exclusive Trial of Land Grabbing Cases, Tiruppur, is hereby quashed. Accordingly, this Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petitions are closed.
30.06.2022
Internet : Yes / No
Index : Yes / No
Lpp
To
The Special Court for Exclusive Trial of Land Grabbing Cases, Tiruppur.
G.K.ILANTHIRAIYAN, J.
Lpp 8/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19867 of 2020 Crl.O.P.No.19867 of 2020 and Crl.M.P.Nos.8159 and 8160 of 2020 30.06.2022 9/9 https://www.mhc.tn.gov.in/judis