Alterations to trust documents do not constitute criminal offences under IPC; primarily civil matters must be addressed through civil courts.

ORDER

This petition is filed to quash the impugned FIR in Crime.No.43/2022, dated 26.10.2022 on the file of the 1^st respondent for the alleged offence under sections 415, 420, 423, 465, 467, 468 and 471 of IPC.

2. The case of the prosecution is that the defacto complainant namely Vairavel and the 1^st accused are trustees of “K.S.P.Natarajan Trust” as per the Settlement Deed registered in Doc.No.755 of 1956 dated 23.04.1956 and the Trust Deed registered in Doc.No.2566 of 1956 dated 14.11.1956. But suppressing the same, the Petitioner/ 1^st accused has executed two rectification Deeds dated 30.04.2020 and 21.05.2020 by inserting the names of the accused Nos.2 to 5 as Trustees and the petitioners / accused Nos.6 and 7 have joined hands with them to swindle the property belonging to the said Trust. Hence the 1^st respondent has filed an FIR in Crime No.43 of 2022 on 26.10.2022 for offences under Sections 415, 420, 423, 465, 467, 468 and 471 of IPC, in view of the complaint made by the defacto complainant.

3. The contention of the petitioner is that the 2^nd petitioner is the wife of 1^st petitioner and the 3 to 5 petitioners are the daughters of the 1^st and 2^nd Petitioners. The 6^th and 7^th petitioners are the employees of 1^st petitioner. The 1^st petitioner and the defacto complainant are cousins. The said “K.S.P.Natarajan Trust” was formed to immortalize Mr.Natarajan, son of Mr.K.S.Shanmugavel Nadar, who had passed away in the year 1956. On 23.04.1956, the 1^st petitioner’s grandfather Mr.K.S.Shanmugavel Nadar (1) and one Mr.Ganapathy, son of Mr.K.S.Shanmugavel Nadar (2), Mr.Mariappan Nadar (3) (father of the 2^nd respondent / defacto complainant) and Mrs.Rajalakshmi Ammal (4) (mother of the 1^st petitioner) have settled few of their properties vide a Settlement Deed in Doc.No.755 of 1956 in favour of K.S.P.Natarajan Trust, which was later registered vide a registered Trust Deed dated 14.11.1956 in Doc.No.2566 of 1956 on the file of the Thoothukudi, SRO. Initially, there were six trustees and Mr.K.S.Shanmugavel Nadar as its Managing Trustee. On 26.11.1974, a rectification deed was executed vide Doc.No. 662 of 1974 in which the Trustees were 1. K.S.Shanmugavel Nadar, 2. Ganapathi Nadar, 3. N.Rathinavel Nadar, the N.Rathnavel (1^st petitioner himself) and 4.Rajalakshmi Nadar.

4. Again on 21.04.1975, the above said Trustees have executed a Rectification Deed vide Doc.No.846 of 1975 on the file of the Joint Sub-Registrar No-II, Thoothukudi. Thereafter, Mr. Mariappan and Mr. Ganapathy, respectively, have pre-deceased their father Mr.K.S.Shanmugavel Nadar. On 13.02.2017 another Rectification Deed was executed, in which the Trustees were the 1^st and 2^nd petitioners and the 1^st petitioner as the Managing Trustee of the said K.S.P.Natarajan Trust. Thereafter, on 30.04.2020, another rectification Deed was executed in which the daughters of the 1^st petitioner i.e. the 3 to 5 petitioners were added as the Trustees. When the same was presented before the Joint Sub Registrar No-II, Thoothukudi on 21.05.2020, the same was not registered and the Sub Registrar had demanded the 1^st petitioner to appear before him on 26.05.2020 stating an objection made by the 2^nd respondent. The 1^st petitioner has challenged the said enquiry notice vide W.P.(MD) No.6322 of 2020 and an order of Interim Stay has been granted by this Court, vide order, dated 27.05.2020. Thereafter, the 2^nd respondent has also made complaints before the 1^st respondent who had issued summon against the 1^st petitioner to produce documents under Section 91 of Cr.P.C o