ALLI RANI JOSEPH MATHEW Vs. P.ARUN KUMAR

JUDGEMENT

(1.) The Petitioners are Accused in C.C. No. 50/2012 on the file of the learned Judicial Magistrate No. VII, Coimbatore. The Respondent is the Complainant in the case. The Respondent has filed the said private Complaint alleging that the Petitioners have committed an offence punishable under Section 500 of IPC. Seeking to quash the same, the Petitioners have come up before this Court with this Petition. The facts of the case would be as follows: The Respondent is the eldest son to his parents, namely, Mr. P. Padmanabhan and Dr. Mrs. R. Krishnakumari Padmanabhan. They died on 8.12.1990 & 4.2.2008 respectively. The Petitioners 1 to 3 herein are the sisters of the Respondent and the 4th Petitioner is his brother. According to the Respondent, his mother Mrs. Dr. Krishnakumari Padmanabhan had left behind an unregistered Will in his favour in respect of the property in question. The Respondent further claims that the said Will is the last Will of Krishnakumari under which she has bequeathed her property in question absolutely in his favour. He would also submit that the said Will dated 4.5.2005 has come into force after the demise of his mother on 4.2.2008. He would further state that by taking steps, he got the Tenant vacated from the property in question and thereafter, he has been in occupation of the same.

(2.) The Respondent has further alleged that on account of the above unregistered Will dated 4.5.2005, the Petitioners herein have got no right whatsoever over the said property. But, on 15.7.2008, according to the Respondent, a false Complaint was made by one of the Petitioners herein upon which a case was registered by the police and the same was finally closed as 'mistake of fact'. Thereafter, the Petitioners have filed a Suit in O.S. No. 610/2009 before the learned I Additional District Judge, Coimbatore for partition. According to the Respondent, in the Plaint in O.S. No. 610/2009, the Petitioners herein have made lot of defamatory imputations making out a clear offence punishable under Section 500 of IPC. With these allegations, the Respondent has filed the instant private Complaint. After having made appearance before the Lower Court, the Petitioners, who are Accused 1 to 4 have come up before this Court seeking to quash the entire proceedings.

(3.) The imputations as extracted in the Complaint, are reproduced below: