MOSES JOHN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed praying to quash the First Information Report registered in Crime No. 40 of 2020, on the file of the 1st respondent police, as illegal.

(2.) Today when the petition is came up for hearing, the learned counsel appearing for the petitioners would submit that the petitioners are arrayed as Accused Nos. 1 and 2 in Crime No. 40 of 2020, on the file of the 1st respondent police. Previous to the petition mentioned alleged occurrence, the petitioners and the defacto complainant are having the dispute over the lease agreement, dated 19.12.2010, through which, the petitioner herein leased out his property to the 2nd respondent. Further, while at the time the lease agreement was in force, the 1st petitioner sold the property to Accused No. 3 viz., Dr. Prasad. Resultantly, the respondent No. 2 has filed a Suit in O.S. No. 239 of 2020, on the file of the learned IV Additional Subordinate Judge, Trichy and the same is pending. Moreover, before registering the FIR, the 2nd petitioner herein came to the disputed property along with 5 or 6 persons and requested the Respondent No. 2 to vacate the property. In this regard, the 2nd respondent lodged a false complaint before the Superintendent of Police, Trichy on 16.03.2020.

(3.) The learned counsel for the petitioner would further submit that in order to wreck vengeance, the present complaint has been registered, based on a false complaint given by the 2nd respondent. The averments found in the FIR clearly disclose the fact that the story put forth by the respondent No. 2 is a false one. Now, the allegations levelled by the respondent No. 2 are baseless and at the same time, without verifying the factual aspect, on the inducement made by the respondent No. 2, the 1st respondent herein registered the case, which is liable to be quashed.