ORDER :

This is an application filed by accused 1 and 2 in CC No.63/2014 on the files of the Court of the Chief Judicial Magistrate, Palakkad for quashing the proceedings in the aforesaid case under Section 482 of the Cr.P.C.

2. The petitioners are daughter and father, who are accused of having committed offences punishable under Sections 417, 419 and 420 of the Indian Penal Code. The 1st respondent, who is the de facto complainant, had filed Annexure A private complaint, before the Magistrate and the same was forwarded to the Station House Officer, Town South Police Station, Palakkad, resulting in registration of Crime No.1881/2013, and after investigation Annexure B final report was filed for an offence punishable under Section 417 of the I.P.C. The learned Magistrate, however, took cognizance for offences under Sections 417, 419 and 420 I.P.C and took the matter on file as CC No.63/2014 and issued summons to the petitioners.

3. The prosecution case, in brief, as stated in the final report (Annexure B) is that on 01/07/2012, the accused had without the knowledge and consent of the de facto complainant obtained Annexure-C birth certificate of the 2nd child born to the 1st petitioner in her wedlock with the 1st respondent, after producing a photocopy of his passport, and subscribing his forged signature on the application. The petitioners contend that the criminal complaint was filed as an offshoot to the matrimonial disputes between the parties. It is stated that the offence under Section 417 I.P.C is not attracted. And there was no fraudulent or dishonest intention on the part of the petitioners inducing the complainant to deliver any property. There is also no dispute that the 1st petitioner and the 1st respondent are the biological parents of the child. In fact, the petitioners have not gained anything unlawfully by the alleged act. The intention of the 1st respondent is only to harass and humiliate the petitioners and hence they seek to quash the proceedings under Section 482 Cr.P.C.

4. The 1st respondent entered appearance in person and filed a counter affidavit claiming that he is a Medical Research Scientist of international repute and is presently practicing as an Advocate before the Madras High Court. It is stated that the 1st petitioner got married to the 1st respondent on 20/08/2004. Two children are born in that wedlock. The 1st respondent was ill treated by the petitioners and he was driven out of the house. The petitioners had even denied the 1st respondent's paternity of the 2nd child born to the 1st petitioner. On 10/05/2012, the 1st respondent, even send a letter to the officer concerned at the Palakkad Municipality and submitted that he has strong protest in the petitioners action to register the birth of the 2nd child without his consent by using his identification document. However, he has admitted that the child was born to him on 15/04/2012. On contacting the Registrar of Births and Deaths, Palakkad Municipality, he came to know that the petitioners had got the birth of the 2nd child registered after producing a photo copy of the 1st respondent's passport, which had by then, expired and his shock he found that his signature has been forged in the application. The 2nd petitioner who is a retired Deputy Director of College Education had collected the birth certificate and it is also understood that he had conspired with the 1st petitioner, his daughter, to commit the aforesaid offence of cheating and forgery. Though the 1st respondent had filed a complaint before the Town South Police, Palakkad, no action was taken owing to the influence of the petitioners. Consequently, he was forced to file a private complaint before the Court of the Chief Judicial Magistrate, which is the subject matter of this Crl. MC. It is further stated that the 1st petitioner is involved in another crime registered against her for obtaining a fake transfer certificate from a school in Chennai for her elder daughter and consequent to th