SANKARANARAYANAN Vs. STATE

JUDGEMENT

(1.) This petition has been filed to quash the proceedings in P.R.C.No.20 of 2016 on the file of the learned Judicial Magistrate No.2, Dindigul and to quash the same as illegal insofar as the petitioner is concerned.

(2.) The learned counsel for the petitioner would submit that the second respondent lodged a complaint alleging that he approached the petitioner for purchasing a property in S.No.1497/38 which stands in the name of the petitioner. Accordingly, the petitioner accepted such proposal of the second respondent and agreed to sale the property for the total sale consideration of Rs.10 lakhs. The second respondent has paid a sum of Rs.15,000/- as advance to the petitioner. At this juncture, A2 to A6 approached the second respondent and compelled him to sale 0.5 cents in their favour in the said property. When the second respondent refused to do the same, on 17.02.2015, the accused persons entered into his house and abused his wife with filthy language and also threatened them with dire consequences. On 19.07.2015 the wife of the 2 nd respondent had taken kerosene and proceed towards the house of the second accused. When the second respondent followed her, she poured kerosene on her own and set ablaze and committed suicide.

(3.) On receipt of the said complaint, the respondent / Police registered the case in Crime No.225 of 2015 for the offence under Sections 294(b), 306, 506(ii) IPC., and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act r/w 511 of IPC. He further submitted that even according to the prosecution, no charge is made out as against the petitioner / first accused. The petitioner has neither insisted nor induced the deceased to commit suicide.