ORDER

This criminal original petition has been filed to quash the First Information Report in Cr.No.13 of 2020 pending on the file of the first respondent herein.

2.According to the petitioner, based on the complaint given by the second respondent, the first respondent registered FIR in Cr.No.13 of 2020 for the offence under Sections 465 and 120(B) IPC. The petitioner herein had been helping financially to one Pandian, who is the husband of the second respondent, to carry on the business. On 19.07.2019, the petitioner and the said Pandian entered into an arbitration and agreement to resolve any dispute that may be arise in repayment of the hand loans. Further, the said Pandian issued a cheque bearing No.260655 in favour of the petitioner and the same was dishonored and thereby, the petitioner filed a case in STC.No.799 of 2019 on the file of the learned Judicial Magistrate No.II, Kulithalai for the offence under Section 138 of the Negotiable Instruments Act and the same is pending. The said Pandian died on 12.05.2020 during the pendency of the criminal proceedings. The second respondent, taking advantage of COVID-19 lock down, started alienating the properties of the said Pandian. Hence, the arbitration proceedings before arbitrator was commenced at Kulithalai. During arbitration, an interim order of attaching the house property of Pandian was passed an 10.06.2020. Having enmity over the above said proceedings, the second respondent used to file various complaints and also taken adjournments in the arbitration proceedings. On 10.06.2020, the second respondent gave a complaint claiming forgery and attempted to land grabbing then on 27.07.2020, the second respondent along with others have executed sale deed in favour of one Ranganathan. Now the petitioner has preferred execution of arbitration award in EP.No.42 of 2020 on the file of the District and Commercial Court, Karur. The second respondent caused notice to the petitioner dated 01.09.2020 to set aside the arbitration award. In the mean time, based on the complaint forwarded by the learned Judicial Magistrate No.II, Kulithali under Section 156(3) Cr.P.C., the first respondent registered FIR in Cr.No.13 of 2020 as against the petitioner. Therefore, the pending FIR is liable to be quashed.

3.No counter was filed by the respondents.

4.The learned counsel appearing for the petitioner would contend that the maintainability of the registration of FIR by the first respondent on the ground that there is no notification issued by the Government for for formation of police station of first respondent. The first respondent has no locostandi to register FIR, since the first respondent has not been notified.

5.The learned counsel appearing for the petitioner would further contend that the husband of the second respondent had many dealing with the petitioner and thereby, he issued cheque to the petitioner. The said cheque was presented for collection and the same was returned for the reason that “insufficient fund” and thereby, he lodged a complaint in STC.No.799 of 2019 on the file of the learned Judicial Magistrate No.II, Kulithalai for the offence under Section 138 of the Negotiable Instruments Act. During the pendency of the said case, the husband of the second respondent died and thereby, the arbitrator was appointed and an interim order passed to attach the property of the said Panidan. In the said arbitration proceedings, the second respondent also participated and only in order to wreck vengeance, the present complaint has been filed before the learned Magistrate and the learned Magistrate forwarded the same to the first respondent and thereafter, the first respondent registered the impugned FIR. Since already matter is pending before the learned Magistrate, the second respondent has filed complaint in the same Court with false allegations and the same is liable to be quashed.

6.The learned counsel appearing for the second respondent would contend that the petitioner has filed chequ