Madras High Court
N.Santha vs The Inspector Of Police on 18 February, 2021
Crl. OP No.2708 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.02.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl. OP No.2708 of 2019
and Crl. MP No.1728 of 2019
1. N.Santha
2. Jeganathan
3. M.S.Rajagopal
4. Parimalanathan
5. Santhini ... Petitioners/ Accused
vs.
1. The Inspector of Police,
Gobichettipalayam Police Station,
Erode District. …. Respondent / Complainant
2. Dr. N.Gunaseelan ... Respondent / Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records pertaining to the First Information
1/8
https://www.mhc.tn.gov.in/judis/
Crl. OP No.2708 of 2019
Report in Crime No.217/2018 on the file of the first respondent and quash
the same.
For Petitioners : Mr.I.C.Vasudevanan
For Respondents : Mr.M.Mohamed Riyaz,
Addl. Public Prosecutor
for R1
Mr.N.Manokaran, for R2
ORDER
This petition has been filed seeking to quash the FIR registered in
Crime No.217 of 2018 pending investigation on the file of the first
respondent.
2. The second respondent gave a complaint to the respondent Police
on the ground that the petitioners have created a forged Will dated
02.10.2001 and have also filed a suit for partition in OS No.74 of 2004, on
the file of the Sub Court, Gobichettipalayam. This suit came to be disposed
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Crl. OP No.2708 of 2019
of by judgment and decree dated 24.11.2011, passing a preliminary decree
in favour of the plaintiffs.
3. While filing the above suit, there was a reference to a Will dated
02.10.2001 which according to the second respondent was the forged Will.
Even though there was a reference to the Will and it was relied upon, the
same was not marked as a document in the suit.
4. The second respondent filed a complaint before the Judicial
Magistrate No.I, Gobichettipalayam, against the first petitioner and her
mother on the ground that they have used a forged Will. The private
complaint became a subject matter of challenge before this Court in Crl OP
No.6874 of 2013 and this Court allowed the petition and quashed the
proceedings in CC No.16 of 2013, on the ground that the alleged Will was
not even marked as a document during the pendency of the case.
5. The grievance of the petitioners is that the second respondent once
again filed a complaint under Section 156(3) of the Code of Criminal
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Crl. OP No.2708 of 2019
Procedure, against the petitioners for the very same cause of action and an
FIR came to be registered in Crime No.217 of 2018 on the file of the first
respondent. Aggrieved by the same, the present petition has been filed
before this Court.
6. When the matter came up for hearing on 11.02.2021, the learned
counsel appearing on behalf of the second respondent submitted that A1 and
A2 have filed two more suits in OS No.2 of 2018 and OS No.23 of 2018
before the Sub Court, Gobichettipalayam, claiming for damages against the
second respondent on the ground that a false allegation was made against
them, as if, they have relied upon a forged Will. This Court on hearing either
side, passed the following order on 11.02.2021:
“Heard the learned counsel for the petitioner
and the learned counsel appearing on behalf of the
2nd respondent.
Taking into consideration the facts and
circumstances of the case, this Court gave certain
suggestions to the counsel appearing on behalf of
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Crl. OP No.2708 of 2019
the petitioners. The learned counsel for the
petitioners seeks time to take instructions from the
petitioners.\
Post this case under the caption “for orders”
on 18.02.2021.”
7. When the matter was taken up for hearing today, the learned
counsel appearing on behalf of the petitioners filed two separate affidavits of
A1 and A2. The relevant portion in the affidavit filed by the first petitioner
(A1) is extracted hereunder:
“I submit that during the course of enquiry,
this Hon’ble Court advised me to withdraw the
said suit in O.S.No.2/2018 filed by me against the
2nd respondent. As such, I file the present
undertaking affidavit and hereby undertake to
withdraw the said suit in O.S.No.2/2018 on the
file of the Sub Court, Gobichettipalayam filed by
me without any condition.”
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Crl. OP No.2708 of 2019
The relevant portion in the affidavit filed by the second petitioner (A2) is
extracted hereunder:
“I submit that during the course of enquiry,
this Hon’ble Court advised me to withdraw the
said suit in O.S.No.23/2018 filed by me against
the 2nd respondent. As such, I file the present
undertaking affidavit and hereby undertake to
withdraw the said suit in O.S.No.23/2018 on the
file of the Sub Court, Gobichettipalayam filed by
me without any condition.”
8. In view of the above development, no useful purpose will be served
in keeping the FIR pending and the same requires the interference of this
Court in exercise of its jurisdiction under Section 482 of the Code of
Criminal Procedure.
9. In view of the above discussion, the FIR in Crime No.217 of 2018
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Crl. OP No.2708 of 2019
pending investigation on the file of the first respondent is hereby quashed
and this Criminal Original Petition is disposed of accordingly.
Consequently, connected miscellaneous petition is closed.
18.02.2021
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
jv
To
1. The Inspector of Police,
Gobichettipalayam Police Station,
Erode District.
2. The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
https://www.mhc.tn.gov.in/judis/
Crl. OP No.2708 of 2019
N. ANAND VENKATESH, J.
jv
Crl. OP No.2708 of 2019
and Crl. MP No.1728 of 2019
18.02.2021
https://www.mhc.tn.gov.in/judis/
