SELVAKUMARI Vs. STATE

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C., to quash all proceedings in C.C.No.13 of 2016, pending against the petitioner viz., Selvakumari, who is arrayed as fifth accused, for the offences under Sections 403, 406, 420 and 477 r/w. 109 I.P.C.

(2.) The complaint given by one P.Vijayakumar, second respondent herein and registered in Crime No.19 of 2014, by the first respondent police, reads as below:-

(3.) The main contention of the petitioner herein to quash the criminal case pending against her is that, in the Partnership business, if at all any dispute in accounting, it can be sorted only by a civil suit. If there is no intention of deception at the inception, no charge for cheating can be attributed. Even if there was any deception as alleged by the de-facto complainant, it can only be attributed to Velappan and not to his wife, the petitioner herein. Likewise, if any element of breach of promise, only the person, who committed the breach can be prosecuted and not his wife.