The absence of wrongful gain or loss in forgery cases justifies quashing the prosecution to prevent abuse of legal process.

1. The petitioners, the accused in C.C.No.528 of 2018 on the file of the Judicial First Class Magistrate Court - I, Kodungallur, seek to quash the final report and all further proceedings in the Calendar Case. The facts leading to the registration of the crime and submission of the final report are as follows: -
Petitioner No.1 is the wife of the deceased Amal. Petitioner No.2 is the brother of petitioner No.1. The defacto complainant is the father of the deceased Amal. The late Amal had owned a Maruti Ritz Car, which remained in the possession of petitioner No.1 after his death. Petitioner No.1, with the aid of petitioner No.2, submitted documents for the permanent registration of the Maruti Ritz Car in the name of Amal after his death. Petitioner No.1 submitted the application seeking registration before the Regional Transport Office, Kodungallur. Petitioner Nos.1 and 2 had not revealed the fact that Amal was not alive at the time of submission of the application for permanent registration of the vehicle. The officers of the Regional Transport Office believed that Shri.Amal was alive and those documents were submitted for and on behalf of him and registered the vehicle in his name. The petitioners, after obtaining permanent registration, attempted to dispose of the car. The petitioners had maintained a common intention for the commission of the offences. The crime was registered based on the complaint filed by the father of the deceased Amal.

2. The petitioners are alleged to have committed offences punishable under S.465, S.468, S.471 & S.420 read with S.34 of the Indian Penal Code . They allegedly committed forgery for the purpose of cheating and used the forged document as genuine. S.463 and S.464 of IPC together define "forgery". S.463 & S.464 of are extracted below: -

"463. Forgery.

Whoever makes any false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

464 Making a false document.

A person is said to make a false document or false electronic record -
First - Who dishonestly or fraudulently -
(a) makes, signs, seals or executes a document or part of a document;
(b) makes or transmits any electronic record or part of any electronic record;
(c) affixes any (electronic signature) on any electronic record;
(d) makes any mark denoting the execution of a document or the authenticity of the electronic signature,
with the intention of causing it to be believed that such document or part of document, electronic record or electronic signature was made, signed, sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed; or
Secondly - Who, without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with electronic signature either by himself or by any other person, whether such person be living or dead at the time of such alteration; or
Thirdly - Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his electronic signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not