ORDER

This Criminal Original Petition has been filed to call for the records in Crime No.12 of 2020 on the file of the 1st respondent, dated

28.08.2020 and quash the same.

2. According to the petitioner, he is the Managing Trustee of the Jamath Velipattinam, Ramnad District. There is a family dispute between the second respondent's daughter and her in-laws, whereby, the in-laws of the second respondent's daughter, sent a letter to the Jamath. Since it is a matrimonial dispute, the petitioner asked the second respondent to answer the request made by the second respondent's daughter's in-laws through Jamath, thereby, there was a dispute arose between the parties. While so, the second respondent gave a complaint as against the petitioner alleging that the second respondent's daughter got married her husband and thereafter, there was a dowry harassment, thereby a case is pending in Crime No.12 of 2019. During the pendency of the said case, the petitioner being the Trustee of the Jamath threatened the 2nd respondent's daughter to accept Talaq previously made by her husband, thereby, based on the above said complaint, the first respondent registered a case in Crime No.12 of 2020 for the offences under Sections 384 and 506(i) IPC. In fact, the allegation made in the complaint is being singled out of the community and other villagers are prevented from speaking to his family members. During, night hours, he sent some goons and threatens him to resign his post as President of the minority community wing of BJP party. Further, in the complaint it is mentioned that the petitioner threatened over phone and on 25.08.2020, he received a call from Mobile No. 809813739, in which, a threat was committed on him, thereby, the Police registered a case for the offences under Sections 384 and 506(i) IPC. The petitioner has been functioning as the head of the Pasipattarai Theru Muslim Jamat, for the past 40 years. The second respondent, being a member of Jamath, his daughter's marriage came to be registered in Jamath where the petitioner herein is the President. There is a matrimonial dispute between the 2nd respondent's daughter and her husband in which her husband had pronounced triple Talaq and informed the same by sending the Talaq notice after pronouncing the same in front of the Haji, by registered post with acknowledgement due. The Town Haji had sent a copy of the fathwah to the petitioner's Jamath as well as the Jamath where the husband who pronounced Talaq as a member. As there was a request to the petitioner's Jamath to cancel the marriage certificate issued on his marriage with the second respondent's daughter, the petitioner had an obligation under the Shariat law to respond to it. After receipt of a letter, the petitioner required remarks from the 2nd respondent enclosing the connected documents. The second respondent on many occasions made similar verbal allegations against the petitioner in the bazaar as well in the public places where a lot of people use to gather. On another occasion, the second respondent has given an apology in writing to the Inspector of Police, Kenikarai Police Station to forgive him. Only on that background of these facts, the second respondent has lodged such a vexatious, baseless, frivolous, concocted complaint with vague allegation against the petitioner using his political influence as a leader of the minority wing of a political party. Hence, the pending First Information Report is abuse of process of law.

3. No counter was filed by the respondent.

4. The learned counsel appearing for the petitioner would contend that due to the matrimonial dispute between the second respondent's daughter and her husband, her husband made Talaq and the same was sent through Haji to the Jamath of the petitioner and the petitioner Jamath, who in turn had tried to convey the same to the second respondent, due to that reason the petitioner Haji approached the second respondent. For that he abused him in filthy language and gave