This petition has been filed to quash the proceedings in CC.No.296 of 2015 on the file of the learned Judicial Magistrate-I, Puducherry as against the petitioners having been taken cognizance for the offences underhttp://www.judis.nic.in 1/11 CRL.O.P.No.5572 of 2020 Sections 447, 427, 294(b), 506(ii) r/w 34 of IPC.The learned counsel for the petitioners would submit that the respondent herein filed private complaint as against the petitioners alleging that the father of the respondent herein owned the disputed property and the same was used as cattle shed.From the date of the settlement deed, the respondent is in possession and enjoyment of the said property and also laid compound wall around the said property.While being so, the father of the first accused filed suit in O.S.No.131 of 1987 on the file of the Sub Court, Puducherry for eviction as against the respondent’s father.The said suit was dismissed for the reason that the schedule of the property differed, and it went upto the second appeal before this Court and he failed before all the courts.After the demise of the father of the first accused, restored possession and enjoyment of the said property by the respondent herein and as such the respondent constrained to file suit for permanent injunction as against the petitioners herein in O.S.No.155 of 2015 and it is pending.Further alleged that on 17.02.2015, the petitioners have trespassed into the complainant’s property and also damaged the compound wall and cattle shed worth about Rs.1,50,000/-.http://www.judis.nic.in 2/11 CRL.O.P.No.5572 of 2020The learned counsel for the petitioners would further submit that though the suit filed by the first petitioner’s father was dismissed on the ground that the boundary of the property differs, the respondent’s father had no title over the property and executed settlement deed in favour of the respondent herein.Therefore, the first petitioner lodged complaint before the Inspector of Police, D.Nagar Police Station, Puducherry on 22.12.2014 with the allegation that the respondent on the strength of the dismissal of the suit filed by the first petitioner’s father completely encroached the property comprised in RS.No.185/130 and also trying to encroach the property of the petitioners comprised in RS.No.185/131 by fabricating the document.Therefore, the first petitioner filed application before the District Registrar, Puducherry to cancel the settlement deed registered as document No.2588 of 2013 with the Office of the Sub Registrar, Oulgaret, Puducherry.After conducting detailed enquiry, the District Registrar rightly cancelled the settlement deed by order dated 28.10.2015 in Ref.No.DRP.No.5/2015 executed in favour of the respondent herein.Thus it is made absolute that the first petitioner is the owner of the disputed property.Therefore, the present complaint is lodged only to harass the petitioners and nothing else.As such hehttp://www.judis.nic.in 3/11 CRL.O.P.No.5572 of 2020 sought for quashment of the proceedings.Heard, Mr.D.Senthilkumar, learned counsel for the petitioners.Though notice was served, no one appeared on behalf the respondent in person or through pleader.On the complaint lodged by the respondent herein, the trial court have taken cognizance for the offences under Sections 447, 427, 294(b), 506(ii) r/w 34 of IPC.They are none other than the son and mother.In fact, the father of the first petitioner herein filed suit for eviction in O.S.No.131 of 1987 as against the father of the respondent herein and the same was dismissed.While being so, the petitioners trespassed into his property and also caused damage to the compound wall and cattle shed to the tune of Rs.1,50,000/-.http://www.judis.nic.in 4/11 CRL.O.P.No.5572 of 2020On perusal of the records, the first petitioner’s father filed suit in O.S.No.131 of 1987 as against the father of the respondent herein for eviction of the complainant’s father from the disputed property.The said suit was dismissed only for the reason that the schedule of the property was not property mentioned.It is also noted that the said suit was filed only for eviction from the disputed property.Immediately, after the dismissal of the second appeal, the father of the respondent herein executed settlement deed in favour of the respondent on 24.05.2013 and the same was also got registered in document No.2588 of 2013 with the Office of the Sub Registrar, Oulgaret, Puducherry.Therefore, it is clear that after the dismissal of the second appeal by this Court, the father of the respondent herein without any title over the disputed property on the strength of the judgment and degreehttp://www.judis.nic.in 5/11 CRL.O.P.No.5572 of 2020 passed against the father of the first petitioner herein, executed settlement deed.Therefore, the first petitioner challenged the same before the District Registrar, Puducherry.In DRP.No.5/2015 after conducting detailed enquiry, the District Registrar, Puducherry by order dated 28.10.2015 cancelled the settlement deed executed in favour of the respondent herein.While passing the order, the District Registrar observed as follows:“that the Settlement Deed No.2588 dated 24.05.2013 registered by Thiru.Ramalinga Mudaliar to his son without bonafide title records by defrauding the Sub-Registrar, Oulgaret, I order cancellation/annulment of the Settlement Deed No.2588 dated 24.05.2013 with immediate effect.To attract the offence under Section 294(b) of IPC, there must be an uttering of words to affect the person who lodged the complaint.In this regard it is relevant to extract the Section 294(b) of IPC.Accordingly, this Criminal Original Petition is allowed, and the entire proceedings in CC.No.296 of 2015 on the file of the learned Judicial Magistrate-I, Puducherry is quashed.Consequently, connected miscellaneous petition is closed.

Sections cited: Section 294(b) in The Indian Penal Code, Section 506 in The Indian Penal Code, Section 294 in The Indian Penal Code