O R D E R

This criminal original petition has been filed seeking quashment of the case in CC No.55 of 2022 on the file of the Judicial Magistrate, Aranthangi.

2.The case of the prosecution in brief:-

The de-facto complainant lodged a complaint stating that the marriage between herself and her husband namely Puliprabakaran took place, on 01/09/2008 at her own expenses as per the customary rites. Knowing that the de- facto complainant is coming from a wealth family, her brother-in-law namely Thiruneelakandan and father-in-law namely Marimuthu and sister-in-law namely Amutha and her husband namely Puliprabakaran advised her to start a business. They also stated out of the above said jewelry. Property to be purchased in the name of her husband. Believing their words, she arranged a site. A sale agreement was entered between her father and the vendor, on 07/01/2009. Advance amount of Rs.1,50,000/- was also paid. At that time, her husband was working in IT company. For the purpose starting the business, he resigned the job and came to Aranthangi. Balance amount of Rs.6,35,000/- was arranged by selling her sreedhana articles. But pressure was made to execute the sale deed in name of brother-in-law or in the name of father-in-law.

That was not accepted by her. So, they started making trouble. Due to continuous pressure, she consented property to be purchased in the name of her brother-in- law. But the original documents are retained by her. In the above said property, they started a drinking water plant at their own costs. But for the purpose of getting service connection, a nominal partnership deed was executed. The accused conspired to remove her husband from the above said business. Police protection petition filed by Thiruneelakandan was dismissed with costs. He was also prevented from entering into the business premises. On 22/05/2016, the accused persons along with their henchmen numbering about 50, trespassed into the business premises, tried to assault, criminally intimidated and locked in a room. Over which, a complaint was given, for which CSR No.284 of 2016 was also registered. Due to non renewal of the business, business was stopped. But the machineries and other articles found missing. On enquiry, it reveals that the said Thiruneelakandan along with henchmen, stolen away the properties. Again complaint was given in CSR No.360 of 2016. Thiruneelakandan admitted that he has stolen away the said articles worth about Rs.45,00,000/- and sold in the old iron shop. Thiruneelakandan is facing the criminal charges. On the basis of the above said occurrence, a case in Crime No.55 of 2022 was registered for the offences under sections 147, 148, 294(b), 342, 506(ii), 379, 420, 498(A) IPC and section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2022. After completing the investigation, final report was filed and it was taken cognizance in CC No.55 of 2022 by the Judicial Magistrate, Aranthangi.

3.Seeking quashment of the same, A1 to A5 are before this court by way of filing this petition.

4.Finding that it is an issue between the close relatives, the matter was referred to the Mediation and Conciliation attached to this Bench, but no settlement could be arrived. It was heard on various dates. The de- facto complainant herself appeared as party in person and argued the matter.

5.The learned counsel appearing for the petitioners would submit that it is a partnership venture; The dispute between the partners have been given criminal colour; The offences mentioned in the final report, prima facie are not attracted; The complaint has been given by suppressing the pendency of the suit in O.S No.91 of 2016 on the file of the District Munsif, Aranthangi over the above said issue; There is a long delay in preferring the complaint; According to the de-facto complainant, the offence said to have been committed on 02/03/2012, another offence said to have been committed on 22/05/2016 followed by the alleged theft of articles on 27/09/20