SHANMUGANATHAN AND ANOTHER Vs. STATE, REP. BY THE SUB INSPECTOR OF POLICE, THIRUMANGALAM, MADURAI DISTRICT AND ANOTHER

JUDGEMENT

(1.) IN these three criminal original petitions, petitioners are seeking for quashing C.C.I 16 of 1993 on the file of Judicial Magistrate, Tirumangalam, Madurai District.

(2.) THE complainant is the last son of Sivagamiammal, the 1st petitioner in Crl.O.P.8500/93. All other petitioners are her sons and daughters of the 1st petitioner in Crl.O.P.8500/93. The complainant filed a suit for partition and the same was decreed awarding l/5th share in the joint family properties. Since it was an ex -parte decree, steps have been taken by the petitioners for setting aside the same. The same is pending. It is the case of the complainant that the petitioners herein suppressed in Will executed by the father which was a reference in the release deed and the sale deed by which he is entitled for l/3rd share and it is his case that all the petitioners connived and tried to conceal the Will to secrete the same with a view to facilitate the accused 1, 5 and 6 to get a share in the properties of the deceased father, who are not entitled to under the Will. Father died on 1.3.1986. The case of the petitioners is that there is no material against the petitioners for the alleged offences under sections 477 read with 120(b) I.P.C. it is also the case of the petitioners that either in the release deed or in the sale deed, there is no reference that the complainant is entitled for l/3rd share. But there is an agreement dated 14.5.1989 which was written in the handwriting of the complainant, and it was agreed to divide into six portions and to take the respective shares and that the so -called concealment of the Will is a new story put -up by the complainant to harass the petitioner and others.