THANKAMMA VARGHESE Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) PETITIONERS are accused Nos.1 to 8 in Crime No.7 of 2011 of the Thrikkakara Police Station for offences punishable under Secs.420, 465, 468, 471 and 120B of the Penal Code. That case was registered on a complaint filed by the second respondent before the learned Judicial First Class Magistrate-I, Aluva and forwarded to the police for investigation under Sec.156(3) of the Code of Criminal Procedure. Case is that petitioners cheated the second respondent who is the daughter-in-law of the first petitioner by forging an unregistered Will dated 15.06.2009 regarding 5 cents belonging to the husband of second respondent. The Will is purported to have been executed by the deceased husband of second respondent. Proceedings are sought to be quashed on the strength of a settlement parties have reached. I have heard learned counsel for petitioners and learned Public Prosecutor.

(2.) ANNEXURE-A1 is the complaint preferred by the second respondent before learned Judicial First Class Magistrate-I, Aluva. ANNEXURE-A3 is the FIR registered on the complaint forwarded to the police for investigation. ANNEXURE-A4 is the affidavit sworn by the second respondent before the notary public where it is stated that elder members of the family intervened in the dispute and that the dispute has been settled amicably out of Court. The settlement is that petitioners will not make any claim in future in the property involved on the strength of impugned Will. It is stated that petitioners further agreed that they would not disturb second respondent's possession and enjoyment of the property which is the subject matter of the disputed Will and that petitioners agreed that they would destroy the agreement made with the tenants and inform them that the property absolutely belonged to the second respondent. In the light of the settlement second respondent does not want to proceed with the matter further.