MOHAMMED ABDUL HAKKEEM AND ORS Vs. M RAMACHANDRAN

JUDGEMENT

(1.) The petitioners in both the cases, who were facing criminal prosecution in C.C. Nos. 495 and 154 of 2008 respectively, pending on the file of learned Judicial Magistrate No. II, Madurai, have come forward with the present petitions to quash the proceedings pending against them.

(2.) Heard the submissions made by the learned counsel appearing on either side.

(3.) The learned counsel for the petitioners in Crl.O.P. (MD) No. 10887 of 2008 would submit that the petitioners in Crl.O.P. (MD) No. 12600 of 2008 are the tenants of the property. There was a civil dispute pending between the father of the respondent in Crl.O.P. (MD) No. 10887 of 2008 and one Balasubramaniam. During the pendency of the proceedings, the first petitioner in Crl.O.P. (MD) No. 10887 of 2008 has purchased the property. He would further submit that the ingredients of Section 294(b) IPC have not been made out. There was a case and case in counter. Hence, he prayed for quashing the complaint in C.C. No. 495 of 2008.