N SATHYANARAYANAN Vs. STATE

JUDGEMENT

(1.) THE petitioners are husband and wife against whom charges were framed for offences under Sections 384 and 385 IPC in C.C. No.121 of 2005 on the file of Judicial Magistrate No.2, Coimbatore. THE sum and substance of the charge is that on 24.07.2004 at about 8.45 P.M., the petitioners, by throwing used articles in front of the residence of the complainant, threatened him with a view to extort Rs.3,00,0000/-. THE present petition has been filed to quash the proceedings pending against the petitioners before the trial court.

(2.) LEARNED counsel for the petitioners points out that, even before the present complaint lodged by the defacto complainant on 24.07.2004, a complaint had already been given by the first petitioner to the very same respondent-police on 16.07.2004 specifically stating that the first petitioner was residing at the residence of the complainant on payment of Rs.3,00,000/- as advance on 03.06.2002 and though he agreed to vacate the premises, since the money paid as advance had not been returned, he did not vacate, whereupon, the complainant was threatening the first petitioner that he would break open the lock and enter into the house which was in occupation of the first petitioner. The respondent-police entertained such complaint in Petition No.138 of 2004. In the meantime, the first petitioner filed a Civil Suit in O.S. No.2590 of 2004 before the I Additional District Munsif, Coimbatore, and in the interlocutory application filed viz., I.A. No.1352 of 2004, an order has been passed to maintain the status quo. According to the learned counsel, the above aspects would clearly reveal that the present complaint has been lodged only to offset the consequences of the complaint preferred by the first petitioner against the defacto complainant and further, the offences alleged against the petitioners are not substantiated, hence, the proceedings before the trial court may be quashed.

(3.) IN this view of the matter, the Criminal Original Petition is allowed and the proceedings against the petitioners pending in C.C. No.121 of 2005 on the file of Judicial Magistrate No.2, Coimbatore, are quashed. Connected Miscellaneous Petition is closed.