FIR cannot be quashed at a preliminary stage if it discloses prima facie allegations of the concerned offences.

(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to Crime No.98 of 2019 on the file of the 1st respondent and quash the same.)

1. This petition has been filed to quash the FIR in Crime No.98 of 2019 on the file of the first respondent registered for the offence under Sections 354 (c) I.P.C. and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 66(e) of the Information Technology Act, 2000.

2. The learned Senior Counsel appearing for the petitioner submitted that the petitioner is the sole accused in Crime No.98 of 2019 registered on the complaint lodged by the second respondent herein. The petitioner is the absolute owner of the property situated at Door No.1068 in the premises called “Gopal Bagh”, Avinashi Road, Coimbatore. In the said property there exists a compound wall on the eastern side. In this regard there is a dispute between M/s.Sri Krishna I-Tech Management Solutions Private Limited namely, the second respondent in respect of the compound wall. To settle the said issue, the petitioner as well as the second respondent requested the Town Sub Inspector of Survey, Central Zone, Coimbatore on 17.07.2014 to survey the disputed property on the basis of their respective deeds. On the basis of surveyor report the compound wall is situated within the extent and boundary of the property owned by the petitioner. There was a dispute in the surveyor report on which a petition filed before the Assistant Director of Land Survey and Records and he has passed order on 23.06.2017 and confirmed the petitioner's possession and enjoyment of the said disputed compound wall as against which the second respondent defacto complainant preferred an appeal before the District Revenue Officer, Coimbatore and the said appeal was allowed by order dated 10.08.2018.

2.1. He further submitted that the major portion of the building put up by the petitioner rests on the compound wall and therefore, to watch the construction activity in the disputed wall to ascertain if any damage caused to the building, the petitioner lodged a complaint before the Commissioner of Police, Coimbatore on 17.08.2018 but to no avail. As such, the petitioner has no other option than to install CCTV cameras at three different spots inside the premises as a security measure. As excepted by the petitioner on 10.01.2019, the second respondent and his men had maliciously demolished a portion of the compound wall on the southern end which contained boundary mark fixed by the authorities during the survey. The petitioner also filed a suit in O.S.No.59 of 2019 on the file of the District Court, Coimbatore against the second respondent for declaration and permanent injunction. Thereafter, the petitioner left on a business trip to Germany on 30.01.2019. He further submitted that while being so, on 02.02.2019, the first respondent directed the security officer to remove the security cameras mounted at the overhead tank and to reinstall the same at some other point based on the petition registered by the second respondent herein. In the meanwhile the first respondent entered into their property and also seized DVR which contains images, captures of CCTV cameras from the security room. Thereafter the first respondent registered FIR in Crime No.98 of 2019. He further submitted that all the CCTV cameras were connected to one digital video recorder (DVR) which was seized by the first respondent and on the basis of the same FIR was registered as against the petitioner.

2.2. Even according to the first respondent, the offence registered as against the petitioner is not at all attracted and it is sheer abuse of process of law. Already, the petitioner filed a suit in O.S.No.59 of 2019 for declaration and injunction and it is pending and as such it is a civil dispute between the petitioner and the second respondent herein in which the first respondent ought not to have interfered with the civil disp