M.N. ARUNACHALAM CHETTIAR Vs. STATE AND ANOTHER

JUDGEMENT

(1.) THESE petitions are filed under Section 482, Cr.P.C. to quash the proceedings in C.C.Nos.492 and 646 of 2006 on the file of the learned Judicial Magistrate No. II, Dindigul.

(2.) THE brief facts of the case is as follows: The de facto complainant is one N.M.Subramanian. According to the de facto complainant, his father one Muthukaruppan Chettiar is entitled to 1/3rd share in a property consisting of 55.91 acres of land at Vellode, Dindigul along with his two partners. According to him, he is entitled to 1/5th share out of his father's 1/3rd share. His father sold away the entire property along with his partners without the knowledge of the de facto complainant and thereby, his father has cheated him and the other accused have conspired with his father. A case was registered in Crime No.1102 of 2003 and a charge -sheet has been laid and the same was taken on file in C.C.No.492 of 2004 by the learned Judicial Magistrate No.II, Dindigul. The Al/father of the de facto complainant has been charged with an offence under Sections 406, 420, 465 and 488 r/w 120 -B, IPC and the mother of the de facto complainant is arrayed as A2, the petitioner herein is arrayed as A3, who is the brother of Al and one Saraswathy Achi, who is the wife of another brother of A1, is arrayed as A4. Out of these four accused, A1, A2 and A4 died and the case is now pending only as against the petitioner/A3. At this stage, the petitioner has approached this Court under Section 482 to quash the entire proceedings.

(3.) ACCORDING to the petitioner, the property was belonging to the partnership firm, viz., Madurai Dindigul Skin Syndicate, which was sold by its partners and this petitioner is one of the partners and the de facto complainant's father is also one of the partners. The de facto complainant alleges that he is entitled for 1/5th share in A1's 1/3rd share. The entire prosecution case is based on this claim. A2 is the mother of the de facto complainant, who had sold her 1/3rd share along with A3 and A4. The only allegation against this petitioner is that he had conspired and cheated.