JUDGMENT :-

(Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the charge sheet in C.C.No.89 of 2016 on the file of the Judicial Magistrate, Avinashi, Tiruppur -District and quash the same in respect of the petitioner.)

1. The petitioner/A2, who is facing trial before the learned Judicial Magistrate, Avinashi, Tirupur (trial Court), for offence under Sections 294(b), 324, 427 and 506(ii) IPC in C.C.No.89 of 2016, has filed this Quash Petition.

2. Despite notice served to the 2nd respondent and his name printed in the cause list, he failed to appear before this Court either in person or through any counsel. Hence, this Court, by order, dated 08.10.2021 has appointed Mr.Nandhakumar as Legal Aid Counsel for the 2nd respondent herein.

3. The brief facts of the case is that on 07.02.2016, at about 01.00 p.m., when the 2nd respondent, his wife and grandchild were at home, they heard abusive words from outside. When they came out from the house, the petitioner/A2 along with his elder brother/A1 and his cousin/A3 scolded them using filthy language. Thereafter, all the accused took stones threw on the 2nd respondent, his wife and their daughter. Due to which, they sustained simple injuries, roof tiles of the house got damaged and the 2nd respondent informed the happenings to his son-in-laws. On 08.02.2016, at about 04.00 p.m., a complaint was lodged by the 2nd respondent, which was registered in Crime No.85 of 2016, for offence under Sections 294(b), 324, 427 and 506(ii) IPC. On completion of investigation, charge sheet was filed before the trial Court, listing 10 witnesses as LW1 to LW10 and documents and the same was taken on file as C.C.No.89 of 2016, as against which the present Quash Petition has been filed by the petitioner/A2.

4. The learned counsel for the petitioner/A2 submitted that the petitioner/A2 is an Engineering graduate, due to the pendency of the above case, his future prospects is put on hold and his dream of getting job in Government and public sector is not possible. A1 is his elder brother and A3 is his relative. The petitioner’s forefathers and the 2nd respondent’s wife are adjacent land owners. There was some dispute over the boundaries of the property between the accused and the 2nd respondent. Now, the petitioner’s side succeeded the property in question. The learned counsel further submitted that earlier, the petitioner’s grandfather was taking steps to resist the encroachment of the 2nd respondent on the Government land. Enraged over the same, the 2nd respondent lodged a complaint as though the petitioner along with other accused assaulted and abused him.

5. The learned counsel further submitted that a suit in O.S.No.45 of 2015 filed by the 2nd respondent before the learned District Munsif, Avinashi, seeking the petitioner and his family not to interfere with his peaceful possession and enjoyment of the property, notice was sent to the petitioner and others for appearance. Taking advantage of filing of the suit in O.S.No.45 of 2015, the 2nd respondent attempted to further encroach upon the Government land, which was resisted by the petitioner, his brother/A1 and his cousin/A3 and hence, a false complaint given by the 2nd respondent. Now, the suit in O.S.No.45 of 2015 got dismissed for non prosecution on 31.08.2021 by the learned District Munsif, Avinashi. He further submitted that only at the instance of the petitioner’s elder brother/A1, the Tahsildar, Avinashi took steps to survey the Government land and removed the encroachment of the 2nd respondent. Immediately, the 2nd respondent filed Writ petition before this Court in W.P.No.42738 of 2016 seeking restrainment of the action of the Tahsildar, Avinashi, Tirupur, wherein, this Court, by order, dated 07.12.2016, disposed the Writ Petition, giving liberty to the Tahsildar, Avinashi, Tirupur to proceed in accordance with law, if the property in possession of the 2nd respondent is fo