IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 10.02.2022

PRONOUNCED ON : 16.03.2022

CORAM

THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN

CRL.O.P.No.21711 of 2016

and Crl.M.P.No.10056 of 2016

B.Gajendran

...Petitioner/Accused

Vs.

T.Arunachalam

...Respondent/Complainant

Prayer:- Criminal Original Petition is filed under Section 482

of Code of Criminal Procedure, to call for the records

pertaining to the proceeding in C.C.No.143 of 2016 pending on

the file of the Judicial Magistrate, Tambaram and quash the same.

For Petitioner : Mr.K.Elangovan

For Respondent : Mr.R.Varadaraj for

M/s.R.V.Law Associates

ORDER

This petition is filed to call for the records pertaining to

the proceedings in C.C.No.143 of 2016 pending on the file of the

learned Judicial Magistrate, Tambaram and quash the same.

2.Respondent/complainant filed this complaint under Section

199 r/w 200 Cr.PC for the offence punishable under Section 211

IPC. Respondent was the then Managing Director of M/s.Srissai

Arunachala Foundations Private Limited. This company was engaged

in real estate business. The petitioner and respondent promoted

the company in the name and style of M/s.Srissai Arunachala

Foundations Private Limited on 14.08.2008. The registered office

of the company was housed at respondent's residence in the first

floor and his residence was in the ground floor. Petitioner

frequented the residence of the respondent and be-friended with

respondent's wife. Friendship culminated into illegal intimacy.

Petitioner is Director in the company from 14.08.2008 till date.

Petitioner eloped with respondent's wife on 12.11.2011.

Respondent's wife took away share certificates from the TNSC

https://hcservices.ecourts.gov.in/hcservices/

bank standing in his name and his wife to an approximate value

of Rs.3,75,00,000/-. Petitioner had fraudulently changed the

name of the company to "SAF Private Limited". Respondent's wife

had given all the share certificates to the petitioner.

Petitioner forged the signature of the respondent in the share

transfer form and transferred certificate in the name of his

mother Prema. Respondent filed private complaint in C.C.No.4492

of 2013 for offences under Sections 379, 405, 406, 420, 463,

465, 467, 468 and 34 of IPC before the II Magistrate Court,

Egmore, Chennai against the petitioner and others and the case

is pending. Petitioner's wife Adhilakshmi filed a complaint

against him to the Commissioner of Police, Greater Chennai on

09.01.2012. Respondent's wife filed a divorce petition against

him before the Principal Sub Court, Tiruchirappalli in

H.M.O.P.No.172 of 2012. He also filed divorce petition in

O.P.No.900 of 2012 and it is pending before III Additional

Family Court, Chennai. Under the Circumstances, petitioner filed

a false private complaint in C.C.No.207 of 2014 for offences

under Section 499, 500 IPC. The allegation in C.C.No.207 of 2014

is that respondent had falsely alleged that the petitioner, his

friends namely Sridhar and Karunakara Pandian are in illegal

intimacy with respondent's wife. C.C.No.207 of 2014 was filed to

wreck vengeance against the respondent because of filing of the

case in C.C.No.4492 of 2013. It is an offence liable to be

punished under Section 211 of IPC. Therefore, this complaint is

filed.

3.This case was taking cognisance in C.C.No.143 of 2016 by

the learned Judicial Magistrate, Tambaram. Aggrieved against the

taking of cognisance, this petition is filed for quash.

4.Learned counsel for the petitioner submitted that the

petitioner initiated proceedings against the respondent for the

offences punishable under Section 499 and 500 I.P.C. in

C.C.No.207 of 2013 before the Judicial Magistrate, Tambaram and

it is pending. Respondent initiated proceedings against the

petitioner before the same Court for an offence punisha