The central legal point established in the judgment is that the court has the jurisdiction under Section 482 of the Criminal Procedure Code to quash criminal proceedings when it finds that the continuation of the proceedings would result in an abuse of process of law.

JUDGMENT

(Prayer: PETITION under Section 482 of the Criminal Procedure Code praying to call for the records and quash the proceedings as against the petitioner in Crime No.19 of 2022 dated 05.3.2022 on the file of the Assistant Commissioner of Police, CCB-II, Central Crime Branch, Chennai.)

1. This is a petition filed by the petitioner seeking to quash the first information report pending investigation on the file of the first respondent in Crime No.19 of 2022.

2. The facts leading to filing of this petition are stated as hereunder:

(i) One late Dr.Moturi Sathyanarayana - the father of the second respondent, was the owner of the subject property measuring approximately four acres. The said late Dr.Moturi Sathyanarayana had executed a registered will dated 20.5.1983 bequeathing the subject property in favour of three of his grand children. He nominated two of his sons as administrators. As per the said registered will, out of the total extent of 4 acres, an extent of 1.5 acres each was given to two grandsons and an extent of 1 acre was given to the granddaughter, who is none other than the petitioner herein.

(ii) One late Mr.M.K.Mohan, who was none other than the brother of the second respondent and the son of the said late Dr.Moturi Sathyanarayana, created a fabricated will dated 04.3.1995 and forged the signature of the said late Dr.Moturi Sathyanarayana as if the entire property was bequeathed in his favour. Based on the said fabricated will dated 04.3.1995, the said late Mr.M.K.Mohan executed a gift deed dated 01.2.2002 in favour of one Mrs.Lalitha Mohan (A1), who is none other than the wife of the said late Mr.M.K.Mohan.

(iii) Later, A1 and the said late Mr.M.K.Mohan dealt with an extent of 42 cents and another extent of 3.05 acres out of the total property and sold them into two portions in the year 2004 and 2005 in favour of one Mr.S.Venkatesh (A4) and one Mrs.P.Usha (A3) respectively.

(iv) In 2005, the second respondent instituted proceedings to probate the will dated 20.5.1983. Since it was contested, it was converted into T.O.S.No.73 of 2013 before this Court. The said testamentary original suit was decreed on 30.1.2018, the will dated 20.5.1983 was found to be genuine and the letters of administration was granted. This judgment was subsequently confirmed in appeal in O.S.A.No.19 of 2019 by judgment dated 17.2.2020.

(v) Further, proceedings were initiated by the second respondent before the authorities concerned for cancellation of the settlement deed dated 01.2.2002 executed in favour of A1 by the said late Mr.M.K.Mohan and the sale deeds that were executed in favour of A4 and A3 by A1 and the said late Mr.M.K.Mohan respectively in the years 2004 and 2005. The Deputy Inspector General of Registration, Chennai Region, through proceedings dated 17.2.2021, cancelled registration of those documents since they were based on a fabricated will. He also recommended to the Sub-Registrar, Kundrathur for initiation of criminal proceedings under Section 83 of the Registration Act.

(vi) In addition to that, the second respondent filed a writ petition before this Court in W.P.No.15867 of 2021 seeking a direction to (ii) the Commissioner of Police, Chennai-7; (ii) the Additional Commissioner of Police, City Crime Branch, Chennai-7; and (iii) the Inspector of Police, Team XXIV, City Crime Branch, Chennai-7 to implement the proceedings initiated by the Sub-Registrar, Kundrathur dated 09.03.2021 at the earliest point of time. This writ petition came to be disposed of by this Court by an order dated 06.12.2021 directing the respondent - police to register the first information report, conduct investigation and file a final report within a period of six months.

(vii) Pursuant to the said order of this Court dated 06.12.2021, the first information report was registered in Crime No.19 of 2022. Challenging the same, the petitioner (