ORDER

This Criminal Original Petition has been filed to quash the proceedings pending against the petitioners in C.C.No.15 of 2020 on the file of the learned Judicial Magistrate No.VI, Salem.

2. The case of the prosecution is that one one Rangasamy Udayar was the original owner of the subject property, he had a son by name Dharmalinga Udayar who had two wives, namely one Dhanakotti Ammal and Thaiyamuthammal. The said Dhanakotti Ammal had a son Muthaiyan, the father of the de-facto complainant/2nd respondent and a daughter Kodiarasu. The 2nd wife Thaiyamuthammal had two daughters, the 1st accused and one Radha. She had no male issues.

3. While being so, the said Rangasamy Udayar had executed a Settlement Deed in the year 1957 in which 'A' Schedule property was settled in favor of his daughter-in-law Dhanakotti Ammal and 'B' Schedule property was given in favour of the other daughter-in-law namely Thaiyamuthammal/2nd wife. The 'C' Schedule property was alloted to be commonly enjoyed by both the wives of Dharmalinga Udayar and after their demise, the said property were to devolve on the male heirs both existing and that might be borne by the 2nd wife and in the event of her not bearing