When invoking Section 482 CrPC, the court must look beyond the averments of the complaint to attending circumstances and overall context to identify if proceedings are frivolous, vexatious, or instituted with an ulterior motive to wreak personal vengeance.

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.210 of 2019 on the file of the Judicial Magistrate-II, Karur.

2.According to the petitioners, the respondent had given private complaint before the learned Judicial Magistrate II, Karur and based on the complaint, cognizance was taken as against the petitioners for the offence under Sections 294(b) and 506(ii) IPC in C.C.No.210 of 2019. According to the petitioners, the respondent had filed complaint alleging that this petitioners applied for loan from the co-operative bank. On 07.03.2018, at about 4.30 pm., the first accused asked about the loan to the Secretary (in charge) and he replied that he is only incharge and the President was on leave. Immediately, the first accused asked about the files and the same was also shown to her. At that time, she torn the papers, i.e., loan applications, patta, chitta. The said incident was informed to the defacto complainant over phone. Thereafter, the complainant came to the bank and gave a complaint before the Superintendent of Police on 08.03.2018. But no action was taken. In the mean time, the tenure of the defacto complainant was over and again on 11.08.2018 he was appointed as incharge of the society. While so, complaint was forwarded to the jurisdictional police station and the same was enquired. Thereafter, no action was taken. Then, again on 21.12.2018, at about 05.00 pm., the defacto complainant, Pradeep, Maruthaee, Marimuthu were standing infront of Society. At that time, the first accused came there and abused the defacto complainant in filthy language and both the accused abused him and also threatened him about the complaint given by him. The second accused threatened him by showing knife. Thereby, he lodged the above said compliant before the learned Magistrate. Based on the complaint, the learned Magistrate taken cognizance. The said complaint was lodged with an ulterior motive to the previous enmity between them with regard to the sanctioning of loan. In fact, there is a civil dispute pending between the parties in O.S.No.478 of 2015 on the file of the Sub Court, Karur, due to which, present complaint was lodged by giving colour of criminal to the civil dispute. Even according to the complaint, the allegations are vague and it shows the intention of the complainant to rope the petitioners into the criminal case. Already police have enquired the complaint given by the defacto complainant and the same was closed. Therefore, the pending proceedings in C.C.No.210 of 2019 is pure abuse of process of law and the same is liable to be quashed.

3.No representation for the respondent. After hearing the learned counsel for the petitioners, this case was so many times posted for respondent’s side arguments. However, none appeared on behalf of the respondent. Therefore, this Court is passing orders based on the available records.

4.The learned counsel appearing for the petitioners would contend that the respondent herein has filed private complaint before the learned Judicial Magistrate II, Karur and the same was taken cognizance in C.C.No.210 of 2019 for the offence under Sections 294(b), 506(ii) IPC. Even according to the complaint, offences are not made out and already civil dispute is pending between the parties in O.S.No.478 of 2015 pending on the file of the Sub Court, Karur. Thereby, in order to give criminal colour to the civil dispute, the present complaint lodged. Even as per the complaint, the same was drafted with specific words in order to rope the petitioners with criminal case with malafide intentions. Further, the respondent has not pr