An FIR disclosing prima facie commission of an offence should not be quashed without investigation, highlighting that quashing should be an exception.

ORDER :

(G.K. ILANTHIRAIYAN, J.)

This petition has been filed to quash the F.I.R. in Cr.No.184 of 2021 on the file of the first respondent police.

2. On the complaint lodged by the second respondent, the first respondent police has registered an FIR in Cr.No.184 of 2021 for the offences punishable under Sections 420 , 465, 467, 468, 471 r/w 34 of IPC as against the petitioner and his father.

3. The petitioner/A2 and the second respondent are brothers and the first accused/A1 is their father. Both the accused with an intention to cheat the second respondent and to grab the entire property of his mother, obtained legal heirship certificate fraudulently by submitting falsified documents by including one Boovan Raj also as one of his legal heirs of their deceased mother. The accused had obtained birth certificate of the said Boovan Raj by stating that his father J.Perumal and his mother Baby. On 08.01.2020, on the complaint lodged by the second respondent, it was cancelled on the ground that the said Boovan Raj was born through the second respondent's mother's second husband one Ravi Raj and he was also issued birth certificate on 20.03.2019 by registering his birth as early as on 16.06.2013. On the strength of the birth certificate, the petitioner along with his father had obtained legal heir ship certificate including the said Boovan Raj as one of the legalheirs of Baby Perumal.

4. The petitioner appeared party-in- person and submits that his parents had established an Educational Trust in the name and style of '' Baby Kings Educational and Charitable Trust'' and also started a school namely '' King's Matriculation High School'' since 1995. His elder brother/the second respondent/complainant had got married one Charulatha and settled in London since 2010. While being so, their father J.Perumal died on 21.07.2018, the second respondent along with his wife and father-in-law colluded together and lodged several complaints with false allegations as against the petitioner in order to grab the entire properties of his family. Initially, after demise of their father, legal heir ship certificate was issued including the name of one Boovan Raj. Subsequently, he came to understand that the said Boovan Raj was not born through his father Perumal. His mother got married the second husband one Ravi Raj and gave birth to the said Boovan Raj on 16.06.2013. Therefore, the said birth certificate was cancelled and subsequently, the legal heirship certificate issued by the Revenue authorities including the said Boovan Raj as one of the legal heirs was cancelled. Therefore, no offence is made out as against the petitioner.

5. The learned counsel appearing for the second respondent submits that in order to grab the entire property of his mother, the second accused had fraudulently obtained legal heirship certificate by producing the false birth certificate as if the said Boovan Raj was born to his mother through Perumal and obtained legal heirship certificate. After obtaining legal heirship certificate, the first accused had fabricated the Will as if his mother has executed the said Will and bequeathed the entire property in favour of the said Boovan Raj. The said Boovan Raj is a mentally retarded person and to take all the property the said Will was executed in favour of the Boovan Raj. Now, the said Will is declared as fraudulent and pursuant to the said Will no transaction can be permitted as per the order passed by the Deputy Inspector General of Registration, on the appeal filed by the second respondent herein as against the order passed by the District Registrar.

6. A perusal of the order passed by the District Registrar reveal