D DEVI Vs. S LATHA

JUDGEMENT

(1.) PETITION filed under Section 482 Cr.P.C to call for the records in the private complaint C.C. No,895 of 2006 filed by the respondent and pending on the file of Judicial Magistrate, polur, Thiruvannamalai District and quash the same.) The Criminal Original petition has been filed by the petitioner herein under Section 482 Cr.P.C to call for the records in the private complaint filed by the Respondent and pending in C.C. No,895 of 2006 on the file of Judicial Magistrate, polur and quash the same.

(2.) THE contentions of the petitioners herein is that they purchased a property, belonging to the complainants father on 07.06.2006, for a valuable consideration of Rs.63,000/- after duly verifying the ownership, encumbrance etc. Also on 26.09.2006, the respondent herein, who is the complainant, sent a legal notice to the petitioners denying the absolute ownership of the vendor and claiming a share in the subject matter of the property. THE petitioners herein sent a reply through their Counsel denying the allegations of the respondent. However, the respondent on 16.11.2006, sent a legal notice claiming Rs.10 Lakhs as damages from each of the petitioners herein. In the meanwhile, the respondent had also filed a private complaint before the Judicial Magistrate, polur against the petitioners under Sections 500 and 505 IPC, misinterpreting the averments made in the reply notice given by the petitioners. It is stated by the complainant that averments in the replay notice sent by the petitioner, denying that the complainant is not the granddaughter of their vendor through his son, attracts the provisions of sections 500 and 505 IPC and the petitioners are liable thereunder.