ORDER :

Prayer: Criminal Original Petitions have been filed under Section 482 of the Code of Criminal Procedure to call for the records relating to the criminal case in C.C. No. 215 of 2020 on the file of the Judicial Magistrate, Mettupalayam and to quash the same by allowing these criminal original petitions.

1. The petitioners, who are the first and second accused in C.C. No. 215 of 2020, which is pending for trial before the Judicial Magistrate, Mettupalayam and the case in Crime No. 63 of 2014 for offences under Sections 120-B, 465, 467, 471, 506(i) and 109 IPC, have filed this criminal original petitions.

2. Since both the criminal original petitions arise out of, common criminal case in C.C. No. 215 of 2020 and crime number No. 63 of 2014, these matters are dealt with, together by a common order.

3. The gist of the complaint is that one Nanjappa Gounder was owning 40 acres of land including 8.18 acres in Survey No. 460 in Annur Village. He had three sons viz. Kaliappa Gounder, Palanisamy Gounder and Devanna Gounder. By way of the family partition among themselves vide document No. 1469 of 1957, dated 09.09.1957 “A” property measuring an extent of 13.97 acres was allotted to Kaliappa Gounder “B” property measuring an extent of 20.04 acres was allotted to Palanisamy Gounder and “C” property measuring an extent of 14.23 acres was allotted to Devanna Gounder. With regard to Survey No. 460, an extent of 5.09 acres was allotted to Kaliappa Gounder and the balance an extent of 3.09 acres was allotted to Devanna Gounder.

4. Kaliappa Gounder had two sons and two daughters viz. Mayilsamy, Shanmugan, Saraswathi and Thulasiammal. Out of 5.09 acres in survey No. 460, the said Mayilsamy and Shanmugam partitioned amongst themselves an extent of 3.72 acres on 26.04.1987 under document No. 614/1987 and leaving 1.37 acres of land to the other legal heirs of Kaliappa Gounder. On 20.07.1961, in Survey No. 460, Kaliappa Gounder and his four legal heirs had executed a sale deed under Document No. 1877/1961, in favour of Devanna Gounder with regard to the enjoyment of 50% of common Well and Cart Track of 16 links. On 27.07.2014, the daughters of Kaliyappa Gounder and the defacto complainant Tirumurthy S/o Late Saraswathi, at about 4.00 p.m. had gone to the field, at that time, the accused 1 and 2 restrained, threatened and abused the defacto complainant and warned him not to enter the field and claimed he has no right over the property.

5. The legal heirs of Devana Gounder along with A2, who is an Advocate, A3 and A7, who are their family friends, have created a forged document in Document No. 10046/2011 dated 08.09.2011 in respect of 1.37 acres of land in survey No. 460, which was allotted to Kaliappa Gounder’s family. The right over the property is claimed based on the document No. 1877/1961, which pertains only to cart track of 16 links and enjoyment of 50% of well and nothing more. Thus, in conspiracy with each other, they have created a forged document and committed offences under Sections 120(b), 465, 467, 471, 506(i) r/w 109 IPC. The respondent police, on completion of the investigation, filed charge sheet listing LW-1 to LW-10 and documents. On receipt of the summons, the petitioners approached this Court and filed these quash petitions.

6. The contention of the learned counsel for the petitioner/A1 in Crl. O.P. No. 6633 of 2021 is that by document No. 1877/1961 dated 20.07.1961, Kaliappa Gounder, who is the Maternal grandfather of the defacto complainant, along with his two sons, sold a portion of the land to his brother Devanna Gounder, who is the father of the petitioner. Till the life time of Kaliappa Gounder and Devanna Gounder, there was no dispute. Further, from the year 1961 onwards, the petitioner’s father and the petitioner have been in continuous possession and enjoyment of 16 links of Cart Track and 50% of Well measuring an extent of 1.37 acres in Survey No. 460, without any interruption or objection.

7. The said Kaliappa Gounder d