R. DURAISAMY AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) This Criminal Original Petition is filed by A6 to A10 to quash the FIR in Cr. No. 2330 of 2011 on the file of Anti Land Grabbing Wing, Udumalpet, Tiruppur District, registered for the offences under sections 120b, 420, 467, 468, 471, 294b and 307 IPC, on the basis of the complaint given by the second respondent herein. The allegations raised in the complaint are regarding the transfer of a portion of the property belonging to Udumalpettai Nadar Uravin Muraiyar Sangam measuring 5 acres in favour of the accused A6 to A10 by A1 to A3 by names Vivekanandan, Nataraj and Muthuvel along with other accused, in their capacity as President, Secretary and Treasurer of the Sangam, without duly elected so and without actually passing any resolution either for compromising the matter or for approving the terms of the compromise and by creating forged resolution with forged signature of dead persons for extension of their tenure etc., and regarding the attempt of assault of the member, who questioned A1 President about the same on 08.01.2010.

(2.) Few facts, which are relevant for consideration herein are as follows:

(3.) In the mean while, new office bearers of the sangam are also elected. While the civil suits are filed by the independent members for themselves and also on behalf of all members of Sangam against the Sangam rep. by its secretary and other individuals and official defendants. The second respondent/defacto complainant claiming himself as one of the members of the Sangam, filed an application I.A. No. 303 of 2012 in O.S. No. 71 of 2009 for impleading him as party to the proceedings. Pending civil suits, the present complaint came to be filed by defacto complainant who is one of the members, raising the allegations as stated above.