R M SAILESH KUMAR Vs. GADATHARAN BANU PRAKASH

JUDGEMENT

(1.) Respondents 2 & 3 have not been served. They are unnecessary co-accused in this petition filed by the 2nd accused for quashing all proceedings against him. They are deleted from the array of parties.

(2.) The petitioner is the 2nd accused in a prosecution launched against him and two others by the 1st respondent/complainant herein. Proceedings have been initiated on the basis of a private complaint. In the private complaint, the petitioner alleges that 3 accused persons (the petitioner herein- the 2nd accused, his brother-the 1st accused and his sister-in-law- the 3rd accused the wife of the 1st accused) are guilty of offences punishable inter alia under Section 420 I.P.C.

(3.) The short contention of the petitioner is that the allegations in the complaint, even if accepted in its entirety, do not constitute any offence against the petitioner. In these circumstances, it is prayed that the proceedings in so far as it relates to the petitioner may be quashed.