ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.5 of 2020 on the file of the first respondent police.

2. According to the petitioners based on the complaint given by the second respondent the first respondent registered a case in Crime No. 5 of 2020 for the offences under Sections 420 and 506(i)of IPC. The case of the prosecution is that second respondent was employed in Kuwait and now settled in India. While they were working in Kuwait they purchased property in S.No.C-9/10-5 measuring 90.420 cents situated at Puliyurkurichi village, Thakkalai, Kanyakumari District. The above said property which was purchased was leased out to the first petitioner and the first petitioner asked Rs.10,00,000/ from the second respondent for the purpose her daughter’s marriage. Accordingly on 15.08.2018 the petitioners said to have borrowed Rs.10,00,000/- from the second respondent by assuring that they will repay the amount within two months by selling their vacant site. Inspite of repeated demand made by the second respondent the petitioners have not paid the above said amount and thereby on 17.06.2019 the second respondent and her husband requested the petitioners to pay the said amount for that the petitioners said to have threatened the second respondent with dire consequences. These are all false allegations.

2.1. Infact the first petitioner is running a nursery garden for the past 19 years . The wife of the first petitioner entered into a lease agreement with the second respondent for a period of three years and as per the terms and conditions the first petitioner has paid Rs.7000/- rent per month. Thereafter the first petitioner made modification in the property by spending expenses of Rs.24,39,600/-with the permission of the second respondent and invested sum of Rs.80,00,000/- in the nursery garden by obtaining proper license from the Government. Thereafter periodically license was renewed upto 05.08.2019. In the meantime the rent was increased by the second respondent and the same was also regularly paid by the petitioners. Whileso due to misunderstanding between the parties the second respondent insisted the first petitioner to vacate the property prior to the lapse of lease period. Hence the petitioners filed a suit in O.S. No.87 of 2019 on the file of the District Munsif Court, Padmanabhapuram and the same is pending. Whileso the second respondent came forward with the false complaint stating that the petitioners borrowed a sum of Rs.10 lakhs. There are civil dispute between the parties. Even in the First Information Report the second respondent stated that already the first complaint was lodged on 18.06.2019 and the same was closed. Even as per the averment of the First Information Report the offences under Sections 420 and 506(i) of IPC would not attract and the petitioner have no intention to cheat the second respondent from the inception and mere words are not sufficient to constitute the offence under Section 506(i) of IPC that too through phone. Therefore the pending First Information Report is abuse of process of law and hence it is liable to be quashed.

3. No counter was filed by the respondents.

4. The learned counsel for the petitioners would contend that there is a civil dispute pending between the first petitioner and the second respondent with regard to vacating the premises and the first petitioner being a lessee is enjoying the property and there is a dispute between them in vacating the property and thereby the petitioners filed a suit in O.S. No.87 of 2019 on the file of the Principal District Munsif Court, Padmanabhapuram. In order to wreck vengeance for the above said civil suit the present complaint has been lodged with bald allegations and even according to the First Information Report mere threat as alleged by the petitioners alone is not sufficient to attract the offence under Section 506(i) of IPC. Therefore inorder to settle civil dispute the present compla