A ANNADURAI Vs. STATE

JUDGEMENT

(1.) THE petitioner, who stands accused of offences under Section 420 and 506(ii) IPC in case pending in C C.C.No.113 of 2006 on the file of the learned Judicial Magistrate VI, Coimbatore seek to quash proceedings as against him.

(2.) ON the compliant of the 2nd respondent, Crime No.1148 of 2005 had been registered by the respondent police on 28.08.2005 for offences under Sections 376 and 506(ii) IPC against the petitioner. The allegations in the FIR are that she had acquaintance with the petitioner for a period of about two years. When she informed him of the pendency of divorce proceedings between her and her husband, he promised to marry her after her obtaining divorce. ON obtaining divorce, she had come to live with the petitioner. The petitioner threatened her to do whatever he said and under such threat, raped her. When questioned, he abused her and threatened to do away with her if she dared to complain. ON completion of investigation, the 1st respondent has preferred charge sheet for offences under Section 420 r/w. 34 IPC.

(3.) THE allegations made of offence under Section 506 (ii) IPC also are related to and arise out of the cheating alleged. Further, it is clear that only in response to a legal notice, the 2nd respondent has caused reply and pursuant to that filing a compliant informing that offence of rape and criminal intimidation has been committed. THE case of the 2nd respondent can only be seen to be a counterblast to the legal notice issued on behalf of the petitioner.