FIR quashed under S.482 CrPC as civil property title dispute mischaracterized as criminal forgery.

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.20 of 2022 on the file of the 1^st respondent /

Inspector of Police, District Crime Branch, Chengalpatu.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the 1^st respondent and perused the documents placed on record. Though notice was ordered to the 2^nd respondent, there is no appearance for the 2^nd respondent either through learned counsel or in person.

3. On the complaint lodged by the 2^nd respondent, an FIR in Crime No.20 of 2022 was registered by the 1^st respondent as against the petitioners herein for the offences punishable under Sections 465, 467, 468, 471 and 474 of IPC alleging that the property comprised in Survey Nos.1425/2 and 1429/3D measuring to an extent of 2.62 cents, situated at Thaiyur Village, Thiruporur Taluk, Chengalpattu District belongs to the 2^nd respondent’s father and the same was purchased through a sale deed dated 30.09.1974 registered vide Doc.No.1789/1974 and the 2^nd respondent’s father died on 13.05.2017 leaving behind his wife and other seven legal heirs. Thereafter, the 2^nd respondent’s mother also died on 04.05.2020. While so, the 3^rd accused, without any right or title over the property, fabricated the records in respect of the subject property, as if the same belonged to the 1^st accused and she executed a registered settlement deed in favour of the 2^nd accused on 24.09.2020 vide Doc.No.8804 of 2020, thereby the accused tress passed into the property of the 2^nd respondent.

4. On a careful perusal of the records and the submissions made on either side, it reveals that the 2^nd petitioner, owned the subject property in Survey Nos.1425/2 and 1429/3D, to an extent of 1.09.00 hectares, situated at Thaiyur Village, Tiruporur through a settlement deed executed by the 1^st petitioner dated 24.09.2020 vide Document No.8804/2020. Originally, the said property was acquired by the grandfather of the 2^nd petitioner, namely Jayaraman by way of inheritance and her grandfather paid revenue taxes for the subject property and he was issued with the patta on 09.07.1974. The 2^nd petitioner’s grandfather has been in absolute possession and enjoyment of the subject property and also all the revenue records stood in his name under Patta No.257. While that being so, the grandfather of the 2^nd petitioner died on 21.09.1983 leaving behind the 1^st petitioner as his only legal heir.

Thereafter, the 1^st petitioner had acquired the said property by way of succession and all the revenue records have been mutated in her name. Due to the elderliness of the 1^st petitioner, she executed a registered settlement deed in favour of her only daughter, namely, the 2^nd petitioner on 24.09.2020 vide document No.8804/2020 and thereafter, the 2^nd petitioner is in absolute possession and enjoyment of the property as on date and she has a valid title over the property. While that being so, the 2^nd respondent herein claiming right over the property had attempted to tress-pass into the property, therefore, the 1^st and 2^nd petitioners have no other option except to approach the Civil Court in O.S.No.8 of 2021 for grant of permanent injunction restraining the 2^nd respondent from interfering with the peaceful enjoyment of the said property on the file of the learned District Munsif, Chengalpet and in fact, the learned District Munsif, Chengalpet had granted an order of status quo on 07.01.2021 in I.A.No.2 of 2021 in O.S.No.8 of 2021. Till date, the Interim order is continuing in favour of 1^st and 2^nd petitioners.

5. It is relevant to note that after grant of an interim ord