ORDER

This Criminal Original Petition has been filed to quash the complaint in C.C.No.256 of 2017 on the file of the Judicial Magistrate No.I, Karur in respect of the petitioners.

2.According to the petitioners, based on the complaint given by the respondent herein, the learned Judicial Magistrate No.I, Karur has taken cognizance in C.C.No.256 of 2017 for the offence under Sections 120(B), 191, 192, 193, 196, 200, 206, 207, 209, 406, 420, 463, 464, 465, 467, 468, 471 and 475 IPC. The respondent is none other than husband of the third petitioner and son-in-law of the first and second petitioners. There is a matrimonial dispute and cases are pending between the third petitioner and the respondent. Due to that motive, the present complaint was lodged as against the petitioners. In the complaint, he alleged that the property situated in Survey No.203, LNS Village, Karur Taluk belonged to one Ganapathi Ammal and she created a religious and charitable endowment. The father of the first petitioner was cultivating tenant of the above said land and after his demise, the first petitioner was the cultivating tenant. The first petitioner purchased the above said property from the Trustees on 15.11.1994 vide document No.4682/1994. The first accused executed a sale deed in favour of the second petitioner on 25.08.1995. Subsequently, the second petitioner executed a settlement deed in favour of the third petitioner and the same have been duly registered with Sub Registrar Office. Further, the property situated in S.No.203 belongs to the Temple and the petitioners have created forged document and second petitioner filed suits in O.S.Nos.501 of 2012, 513 of 2012, 535 of 2012 and 290 of 2014 before the District Munsif Court, Karur and she made an averment that no litigation is pending before any other Court in respect of above said property. The above said facts are incorrect and thereby, they committed perjury before the Court. Hence, the respondent filed private complaint before the learned Judicial Magistrate No.I, Karur and the same was taken on file without application of mind. In fact, the first petitioner purchased the property for valuable consideration through document dated 15.11.1994 and thereafter, executed sale deed in favour of the second petitioner, who in turn, executed settlement deed in favour of the third petitioner. The land was comprised 12 plots, out of which, 8 plots were sold out to various persons and they have also constructed house and enjoying the possession. The sale deed executed by the Trustees dated 15.11.1994 was not questioned by anyone of the Trustee and worshipper. The respondent is not a worshipper and devotee of idol of Lord Sri Arulmigu Solarajaswamy Periakkandi Amman, Veerapathiraswamy, Mandakaruppasamy and Periyannaswamy of Solmpatti, Thumbalam Village, Musiri Taluk. The respondent belongs to Gounder community people and the Temple belongs to Muthuraja community people. The learned Magistrate failed to note that to initiate proceedings under Sections 193, 196, 200, 206, 207, 209 IPC, procedures under Section 195 Cr.P.C. have to be followed. In this case, the same has not been followed while taking cognizance by the learned Magistrate. There is a bar under Section 195 Cr.P.C., to take cognizance and the same has not been considered by the trial Court. Hence, the impugned proceedings in C.C.No.256 of 2017 is liable to be quashed.

3.No counter was filed by the respondent.

4.The learned counsel appearing for the petitioners would contend that the respondent has filed private complaint as against the petitioners and the same was taken cognizance by the learned Magistrate in C.C. No.256 of 2017 for the offence under Sections 120(B), 191, 192, 193, 196, 200, 206, 207, 209, 406, 420, 463, 464, 465, 467, 468, 471 and 475 IPC. The trial Court failed to follow the procedures mandated under Section 195 Cr.P.C., for taking cognizance of the offence under Sections 193, 196, 200, 206, 207, 209 IPC. Therefore, on that sol