ORDER

This Criminal Original Petition has been filed to quash the proceedings in CC No.1432 of 2024 on the file of the learned Judicial Magistrate No.I, Tirunelveli.

2. The case of the prosecution is that the property situated in Town No.3, Block-2, Town Survey No.112,113 and S.Nos.112/1, 112/2, 112/3, 112/4, 113 in Military line, Vallavan Street, Palayamkotti belongs to Appadurai Nadar and his wife Selvamani who died without issues on 13.05.1987 and 14.03.1975 respectively. The said Appadurai Nadar had one brother Enoch and one sister Diraviammal . As per the judgment in O.S. No. 10/1988 on the file of the Additional Sub Court, Tirunelveli and Probabate O.P.No.104 of 1991 and O.S.No.295 of 2001 the said Diraviammal is entitled to 12/24 shares and and the legal heirs of Enok are entitled to 12/24 shares. The said Diraviammal executed a Will in favour of the defacto complainant and died on 27.05.2003. While so both the accused inorder to grab the property by obtaining legal heir certificate the first accused executed settlement in favour of the second accused. Therefore based on the same the defacto complainant who is the second respondent herein has lodged complaint before the first