GANESAN Vs. STATE REPRESENTED BY

JUDGEMENT

(1.) The petitioners herein are the husband and wife, who are arrayed as accused Nos. 1 and 2 in Crime No. 20 of 2018 for the offences under Ss. 341, 294(b), 323 and 506(i) IPC.

(2.) The case of the second respondent / defacto complainant is that she is the owner of the house bearing Door No. 3/1, 7 E, Vasavi Colony, 2nd Street, in which the petitioners herein are the neighbors. There was a common pathway measuring 12 feet width leading to Theni- Kumuli Main Road on the Northern side of the house. Due to existing dispute in between them, the defacto complainant's husband instituted a suit in O.S.No.164 of 2014 before the District Munsif Court, Theni, when he was alive and frequently, the petitioners were disturbing the possession and enjoyment of the property of the defacto complainant and her tenant, for which the defacto complainant has filed a complaint before the respondent police. The respondent police summoned the petitioners and they agreed that they will not disturb the defacto complainant till the disposal of the suit. Even thereafter, on 8/1/2018, the petitioners waylaid the defacto complainant and her grandmother and attacked them. Due to which, they sustained injuries and filed a complaint before the respondent police. Against which, the petitioners are before this Court, seeking to quash the First Information Report.

(3.) The learned counsel for the petitioners would submit that the necessary ingredients required for the offences under Ss. 294(b), 323, 341 and 506(i) and IPC are not satisfied and the First Information Report has been filed in order to harass the petitioners and accordingly, they prayed for quashing the First Information Report.