ORDER :

PRAYER :- This Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in C.C.No.232 of 2020 on the file of the learned Judicial Magistrate No.1, Pollachi and quash the same as illegal.

The Criminal Original Petition has been preferred to quash the proceedings in C.C.No.232 of 2020 pending on the file of the learned Judicial Magistrate No.1, Pollachi.

2. The petitioners are the accused 2 and 3 in Crime No.18 of 2019 on the file of the first respondent Police. The first accused is the husband of the second respondent/de-facto complainant. The second accused is the mother of the first accused and the third accused is the sister of the first accused. The second and third accused have filed this petition to quash the proceedings.

3. The case of the prosecution as it appears from the complaint of the second respondent is that she was married to the first accused on 07.04.2008 at Karaikudi. At the time of marriage the second respondent was working at Sydney, as an Operation Manager in Appco Group of Companies. The first accused was working as a machinist in a private company at Singapore. Even though it was told that the first accused was an engineering graduate, he is actually a diploma holder. Shortly after the marriage the second respondent and the first accused went to Sydney and was staying at the house of the second respondent. After three weeks, the first accused went back to Singapore to resume his job. With the efforts of the second respondent, a job was be secured for the first accused at Liverpool and he came to Australia on spouse visa. The second respondent had also facilitated to obtain permanent visa for the first accused.

3.1. At some point of time, the first accused had given up his job and was depending on the second respondent. The second respondent has invested her own money of 20,000 Australian Dollars and set a company for the first accused in the name and style JK Fright Pty Ltd. Though the first accused assured to give back the said amount, he did not give the same. The defacto complainant has also invested 2,200 Australian dollars for taking driving license and Rifle shooting club membership for the first accused. She had also paid substantial money towards the fine amount imposed against the first accused for violating the traffic rules at Australia. At the compulsion of the first accused, the second respondent had transferred a sum of Rs.21 lakhs between the period from 2009-2016 to the bank account of the first petitioner/second accused. So far she had given Rs.75 lakhs to the family of the second accused. The petitioners started to harass the second respondent from the date when she started to live at Sydney with her husband. The first accused had developed illegal intimacy with one Shahnuma in Sydney and was torturing the defacto complainant.

3.2. In the year 2017 the second respondent and the first accused had been to the marriage of the 2nd respondent's sister at Pollachi. After marriage the second respondent asked the first accused to arrange tickets to go for Australia but the first accused told that the second respondent and her parents should purchase a house worth about Rs.1 Crore at Devakottai and get it registered for the use of the parents of the first accused and only thereafter he would take her to Australia or otherwise he would marry the other woman with whom he had an intimacy. They also took away 75 sovereigns gold jewels of the second respondent from the house of her parents. Whenever the first accused came to India, the second respondent took efforts to rejoin him but it was not fructified. On 23.05.2019 the first accused had sent whatsapp messages to the second respondent that he would marry the other woman by name Shahnuma and that he had taken such decision because of the omission on the part of the second respondent in purchasing the house for his parents. On the above complaint a case has been registered in Cr.No.18/2019 for the offences un