ORDER

This revision has been filed to set aside the order passed in Crl.M.P.No.685 of 2021 in S.C.No.70 of 2021, dated 07.01.2022 on the file of the Mahalir Neethimandram (Fast Track Mahila Court), Thanjavur as against the petitioners, thereby dismissed the petition for discharge.

2.Totally, there are three accused in which the petitioners are arraigned as A.2 and A.3.

3.The case of the prosecution is that A.1 fell in love with the victim girl and on the pre-text of promise to marry, he had sexual intercourse with the victim girl. Thereafter, failed to marry her and thereby committed offence. It was questioned by the victim girl, for which, the petitioners, who are the parents of A.1, threatened her with dire consequences. On the complaint lodged by the second respondent, a case in Crime No.9 of 2019 has been registered for the offences under Sections 417, 506(i) and 506(ii) of I.P.C against the petitioners and A.1. After completion of investigation, the first respondent filed a final report and the same has been taken cognizance in S.C.No.70 of 2021 on the file of the Mahalir Neethimandram (Fast Track Mahila Court), Thanjavur. The trial Court charged the first accused for the offences under Sections 417, 506(i) and 376 of I.P.C and the petitioners were charges for the offence under Section 506(i) of I.P.C. Therefore, the petitioners filed a petition in Crl.M.P.No.685 of 2021 for discharge, since no offence is made out under Section 506(i) of I.P.C. It was dismissed by the trial Court for the reason that there are statements under Section 161 of Cr.P.C and also the statement recorded from the victim under Section 164(5) of Cr.P.C disclosed the allegation to attract the offence under Section 506(i) of I.P.C against the petitioners.

4.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the first respondent and perused the materials available on record. 5.On a perusal of charge-sheet as well as statements recorded under Section 161(3) of Cr.P.C revealed that the first accused fell in love with the victim girl. They love each other for the past five years and the first accused promised to marry her. On the pretext of marriage, he had sexual intercourse with the second respondent on several occasions. They lived together as husband and wife for the past five years. Thereafter, the petitioners family went to the victim girl's house and requested her to marry their son, namely, the first accused. However, the victim's family members refused to get marry with the first accused. Thereafter, when the victim was ready and willing to marry the first accused, the first accused and the petitioners refused to marry her and the petitioners threatened her with dire consequences.

6.On a perusal of statement recorded under Section 164 of Cr.P.C from the victim girl revealed that when the victim girl requested the petitioners to marry with the first accused, they threatened her with dire consequences. Except the said words, there is absolutely no other words uttered by the petitioners. The other statements recorded under Section 161(3) of Cr.P.C are all hearsay witnesses from the victim girl.

7.Insofar as the offence under Section 506(i) of I.P.C is concerned, to attract the offence, threat and intention to cause an alarm are main ingredients. The third ingredient is that the intention must be to cause any person to do any act which he is not legally bound to do or to omit to do any act which that person is legally entitled to do, subsequent to the main ingredients. Whereas in the case on hand, even according to the case of the prosecution, the charge for the offence under Section 506(i) of I.P.C is not made out as against the petitioners. Since they are parents of the first accused, they are also falsely implicated in this case.

8.In this regard, It is relevant to rely upon the judgment of this Court in Crl.O.P.(MD)No.11030 of 2014 (Abdul Agis Vs. State through the Inspector of Po