ORDER

This petition has been filed to call for the records of the case pending trial in C.C.No.14139 of 2008 on the file of the learned V Metropolitan Magistrate, Egmore Chennai and quash the same.

2. On a private complaint filed by the respondent/complainant a case is registered against the petitioner/accused in C.C.No.14139 of 2008 for the offence under Sections 499 & 500 IPC. The respondent is married to one M.Samuvel and out of their marriage, two children are born viz., Johannes Finney and Jonna Cherub.

3. The contention of the petitioner is that the petitioner is the legally wedded wife of Late M.J.John. They got married on 21.07.1983 at Egmore Wesley Church and their marriage was registered. Out of the wedlock, they have two sons namely, Dennie John born on 28.04.1985 and Robbie John born on 01.07.1988. The petitioner's husband developed intimacy with Daisy Lydia, the respondent herein, which was disputed by both of them. The petitioner on coming to know about the illegal affair filed a divorce petition in O.P.No.133 of 2009, which is pending before the Family Court, Chennai. In the divorce proceedings, she filed proof affidavit, reiterating the illicit relationship and developed continued by the petitioner's husband and the respondent. The illegal relationship between the petitioner's husband and the respondent was proved by the fact that the respondent had given information to the Corporation Authorities that she is the wife of M.J.John at Kasimedu burial ground, on 02.05.2021, the Corporation Authority issued the death certificate of petitioner's husband M.J.John showing the respondent as his wife.

4. The respondent made false representation to the authorities in order to get her name to be included as his wife in the death certificate of Late M.J.John and in turn to obtain legal heirship status to claim and usrup both movable property and immovable property of the petitioner's husband. The petitioner handed over a letter to the Manager at Kilpauk, Cemetery and sent e-mail to the Secretary, Kilpauk Cemeteries Board on May 15th & 18th respectively along with all relevant documents to remove the name of respondent, but still, in the death certificate the respondent has been shown as wife. The respondent being the wife of one Samuvel, is now claiming to be the wife of Late M.J.John after his demise, in order to usrup all his properties. Due to prevailing pandemic situation, the petitioner was unable to produce the certified copy of the complaint made to authorities before the trial Court and the trial is kept pending for one reason or other. The Corporation Authorities sent a notice to the respondent with regard to the objections of the petitioner to delete the name of the respondent and include the petitioner's name as the wife of Late M.J.John. Despite receipt of notice, respondent failed to appear, clearly proves the criminal intent of the respondent to, somehow include her name as wife of Late M.J.John.

5. Further, using Late M.J.John's ATM card, an amount of Rs.20,000/- was withdrawn from his SB Account, for which, petitioner had lodged a complaint to the Inspector of Police, Aminjikarai and CSR.No.420 of 2021 was assigned, which is still pending. The petitioner by abundant caution sent a notice to the Thasildar, Egmore, not to issue any legal heir certificate to anyone other than the petitioner and her children. Further, the petitioner submitted that the petitioner's son Dennie John was examined as PW2 in C.S.No.1170 2008, civil suit pending between the petitioner and her husband with regard to some property dispute. In the said case, her son deposed about the illicit illegal relationship of the petitioner's husband and the respondent. Stating the illegal relationship in the proof affidavit would not amount to any defamation. The consistent case of the petitioner is that the respondent was having illicit relationship with Late M.J.John. Hence, she filed a divorce petition in O.P.No.133 of 2009 before the Family Cour