C. SELVARAJU AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) ALL the three criminal original petitions are arising out of Cr. No. 25 of 2014 pending on the file of the first respondent/Special Sub Inspector of Police, District Crime Branch, Kancheepuram.

(2.) ALL the three criminal original petitions are filed by three set of accused viz., A7 to A9, A10 to A12 and A1, A4, A5 and A6 respectively.

(3.) IN the course of investigation the above named accused have come forward with the present criminal original petitions for quashing the proceedings against them, on the following grounds : (i) the right of the parties, having been already decided in the first appeal as confirmed by this Court in the second appeal, arising out of the suit filed by the female heirs and the claim of the female heirs for partition over the properties having been rejected, the allegations of alienation of share without their knowledge is baseless and unfounded and no offence of cheating is made out (ii) The allegations so raised in the complaint do not disclose any ingredients constituting an act of forgery, criminal breach of trust and cheating (iii) the allegations raised in the complaint would reveal that the dispute between the parties is purely civil in nature and the complaint is lodged only to give criminal colour to the civil dispute and (iv) the unexplained inordinate delay in lodging the complaint on the basis of the document which is neither pleaded or referred to or produced and accepted by the civil courts in the earlier litigation is frivolous and is an abuse of process of law.