Criminal proceedings under Section 482 CrPC initiated from disputes purely civil or administrative in nature, specifically those concerning Trust management and internal financial affairs, are liable to be quashed to prevent the abuse of the process of law.

ORDER

This Criminal Original Petition has been filed to quash the FIR registered in Crime No.530 of 2014 for the offences under Sections 294(b), 406, 469 &

506(i) of IPC, on the file of the first respondent.

2. The case of the prosecution is that the accused, who are husband and wife, have been running a school from the year 2002 in the name and style of Sivagamiammal Subramaniyam Nursery and Primary School, Tholasampatty. In order to establish a matriculation school, the accused along with eight others purchased four acres of land. Thereafter, they formed a Trust by a Trust Deed dated 30.09.2013, registered vide Document No.8 of 2013, in the name of Tulasi Educational Trust, in which the accused were appointed as Trustees. Thereafter, the accused, along with seven other including the defacto complainant, started the matriculation school and the accused were administering the affairs of the said school. According to the prosecution, the defacto complainant and other trustees interfered with the administrative work carried out by the accused and forcibly compelled them to leave the school. That apart, the accused were removed from the trusteeship. Thereafter, the defacto complainant and the other trustees failed to manage the school properly and as such, the parents of the students got transfer certificate and admitted them in other schools. Further, the second respondent alleged that the accused had misappropriated the funds belonging to the school. When the same was questioned by the defacto complainant, the accused threatened them with dire consequences.

3. Based on the complaint lodged by the second respondent, the first respondent registered an FIR in Crime No.530 of 2014 for the offences under Sections 294(b), 406, 469 & 506(i) of IPC.

4. On receipt of the said complaint, no action has been taken by the jurisdictional police. Therefore, the second respondent filed a petition seeking a direction in CMP No.6141 of 2014 on the file of the District Munsif-cum- Judicial Magistrate, Omalur. Pursuant to the directions issued by the learned Magistrate, the first respondent registered an FIR in Crime No.530 of 2014 for the offences under Sections 294(b), 406, 469 & 506(i) of IPC. After completion of the investigation, the first respondent filed a closure report thereby closed the complaint as “Mistake of Facts” since there is no offence has been made out against the accused. Challenging the said closure report, the second respondent filed a protest petition, upon which the Trial Court ordered further investigation by some other Investigating Agency. Pursuant to the said direction, the Additional Superintendent of Police, by proceedings dated 07.03.2016, ordered reinvestigation of Crime No.530 of 2014 by another Investigating Officer. Thereafter, the second investigating officer conducted a detailed investigation and once again closed the FIR as “Mistake of Facts”, by report dated

20.09.2016, since no offence is made out by the accused.

5. At that juncture, the second respondent made a request for transfer of investigation to the file of the Superintendent of Police. However, the said request was rejected by the authorities concerned. Aggrieved by the same, the second respondent filed a petition before this Court in Crl.O.P.No.23585 of 2018 seeking a direction to complete the investigation in Crime No.530 of 2014. That apart, the second respondent’s son one K.Karthikeyan, filed a writ petition before this Court in W.P.No.26200 of 2018 seeking permission for construction of building and the said writ petition was dismissed by order dated 08.01.2019. That apart, he also filed another writ petition before this Court in W.P.No.17868 of 2020 seeking to take appropriate action against the accus