D. EMMANUEL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This criminal original petition has been filed for quashing the FIR in Crime No.l of 2021 registered on the file of the Inspector of Police, District Crime Branch, Tirunelveli, for the offences under Ss. 420, 467, 468 and 471 oflPC.

(2.) The petitioners are figuring as Accused Nos.l and 2. The case was registered based on the information lodged by the second respondent herein. His case is that the property that is the subject matter of this case belongs to his family absolutely and that it is in their possession and enjoyment. It is covered by patta Nos.911, 1011, 1041, 1424, 1501 and 968. In order to grab the same, the first petitioner herein had executed a settlement deed dtd. 14/5/2009 in favour of the second petitioner. It was registered as document No.716 of 2009 on the file of the Sub Registrar Office No.II, Cheranmahadevi. The defacto complainant alleges that knowing fully well that the property in question belongs to the defacto complainant's family, the first petitioner had knowingly executed the settlement deed. The other accused are also said to have attested the document with full knowledge of the facts.

(3.) According to the learned counsel for the petitioners, the very registration of the FIR is an abuse of legal process and contrary to the decision of the Hon'ble Supreme Court reported in (2009) 8 SCC 751 (MdJbrahim and Others Vs. State of Bihar and Another). He reiterated the contentions set out in the memorandum of grounds and called upon this Court to quash the impugned FIR.