VELPANDIAN Vs. STATE

JUDGEMENT

(1.) This petition has been filed to quash the criminal proceedings in C.C.No.8 of 2018 on the file of the Judicial Magistrate, Ambasamudram, Tirunelveli District, having been taken cognizance for the offences under Sections 147 and 120(B) I.P.C. as against the petitioners.

(2.) The learned counsel appearing for the petitioners would submit that there are totally 8 accused, in which, the petitioners are arraigned as A7 and A8. On the basis of the complaint lodged by the 2nd respondent, the 1st respondent registered the case with the allegation that the house and shop situated at S.No.565, Vickramasingapuram Village, Tirunelveli District are exclusively belongs to the 2nd respondent/defacto complainant. However, A1 projected herself as if she is the lawful owner of the said property and sold out the same to A2 on 09.12.2009 through a sale deed, in which, A3 and A4 stood as witnesses. Insofar as A5 and A6 are concerned, they also extended their co-operation for executing the sale deed in favour of A2. The entire transaction has been taken place with the conspiracy of A7 and A8.

(3.) The learned counsel appearing for the petitioners submitted that insofar as the offence of forgery is concerned, there is absolutely no allegation to connect the petitioners to the commission of the offence of forgery. When there is absolutely no averment to attract the other offences, the 1st respondent simply charged the petitioners for the offence under Sections 147 and 120(B) I.P.C. To connect the petitioners, there is absolutely no averments to attract the offence under Section 120(B) I.P.C. The Hon'ble Supreme Court of India categorically held that making a counter claim in respect of a particular property through a sale deed executed by a person claiming to be the owner of the same cannot be termed as forgery unless it is specifically alleged that impersonation has been taken place and the signature of the real owner has been forged for executing such sale deed. He further submitted that insofar as the offence under Section 147 I.P.C. is concerned, there is absolutely no averments and allegations to attract the said offence. Nowhere, unlawful assembly made by the petitioners and as such, the entire proceedings are vitiated and are liable to be quashed. In support of his contention, he relied on the following decisions of the Hon'ble Supreme Court of India and this Court: