G KRISHNAMMAL Vs. STATE OF TAMIL NADU REP THROUGH ITS SECRETARY FOR HOME; INSPECTOR OF POLICE, DISTRICT CRIME BRANCH; ABUBACKER

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal.

(2.) The petitioner has filed the above writ petition to quash the First Information Report by the second respondent in Crime No. 39 of 2008. The petitioner has contended that he is the owner of the immovable property situated at Ezhudesom Village, Kanyakumari District and the third respondent is intending to purchase the land from the petitioner and an unregistered sale agreement was also entered on 02.06.2005 wherein the petitioner agreed to sell the land at Rs. 31,050/- per cent and also received an advance of Rs. 8,00,000/- and thereafter received Rs. 2,00,000/-. The time limit to complete the transaction was fixed at 30.08.2005. It is the case of the petitioner that he had made several requests to the third respondent to get the land registered by paying the admitted balance sale consideration. After expiry of the period under the sale agreement, the petitioner sent a legal notice to the third respondent. Pursuant to the legal notice, the third respondent filed a suit in O.S. No. 541 of 2005 for a bare injunction restraining the petitioner from alienating the property to any other person and an exparte order of injunction has been obtained.

(3.) It is the further allegation of the petitioner that on 14.04.2006, the third respondent along with his henchmen trespassed into her property. Therefore, the petitioner preferred a complaint to the local police against 10 persons and the police registered a case in Crime No. 92 of 2006 and a charge sheet has been laid before the Judicial Magistrate No. II, Kuzhithurai and cognizance has been taken as C.C. No. 82 of 2006 and the same is pending trial.