2nd petitioner and the son of the 1st petitioner before the Principal District Munsif Court, Ulundurpet in O.S. No.146 of 2014 against the legal heirs of the said Sivaraman and they also filed a written statement and thereafter they filed this complaint, thereby, it is an abuse of process of law. In fact, the property mentioned in the complaint was purchased by M. Sivaraman who is the father of the 3rd respondent and the brother of the petitioners 1 and 2, but the sale price was paid by Asalambal, who is the mother of the petitioners 1 and 2 and late M. Sivaraman, out of her husband's pension benefits and other sources, thereby, the property was the ancestral property purchased by joint family property income of the petitioners and the said Sivaraman. Therefore, they entered into Partition Deed and there is no ingredients to constitute offences under Sections 120-B, 406, 467, 471, 420 read with 109 of IPC as alleged by the prosecution. The 1st respondent also without ascertaining the truth filed final report against these petitioners. Therefore, the pending proceedings in C.C. No.225 of 2016 against the petitioners is abuse of process of law and are liable to be quashed.
