PARVATHI AMMA Vs. DAMODARAN NAMBIAR

JUDGEMENT

(1.) This petition is filed by the accused in Crime No.66/97 of Peringome Police Station to quash the complaint filed by the 1st respondent and the FIR registered by the police against the petitioners under S.482 of the Cr.P.C.

(2.) The 1st petitioner has filed O.S. No. 151/94 before the Munsiffs Court, Payyannur against the 1st respondent and others for a permanent prohibitory injunction restraining them from interfering with the peaceful possession and enjoyment of the plaint schedule property. In that suit a purchase certificate obtained by her from the Land Tribunal in O.A. No. 11538/76 was produced and marked as Ext. A2. The Munsiffs Court disbelieved the case of the petitioner and also Ext. A2 and dismissed the suit by decree and judgment dated 20.6.1996. It is submitted that A.S. No. 76/96 filed by the 1st petitioner against that decree and judgment is pending before the Subordinate Judges Court, Payyannur.

(3.) After the disposal of the suit the 1st respondent filed a private complaint before the Judicial First Class Magistrates Court, Payyannur under S.191 of the Crl. P.C. alleging that during the course of the trial in O.S. No. 151/94 the petitioners in furtherance of their common intention unlawfully created some false entry regarding the extent and R.S. No. in the purchase certificate in O.A. No. 11538/76 and the same was produced before the Munsiffs Court, Payyannur in order to obtain wrongful gain and cheat the 1st respondent, praying to direct the Peringome police to investigate the case and proceed against the petitioners as per law. The Judicial First Class Magistrates Court, Payyannur sent the complaint to the Peringome Police for investigation and report under S.156(3) of the Crl. P.C. Accordingly the Peringome Police registered a case in Crime No. 66/97 against the petitioners for the offences punishable under S.465 and 468 of IPC. Therefore, the petitioners have preferred this petition to quash the complaint as well as the F.I.R. registered against them in pursuance of the complaint filed by the 1st respondent.