An FIR initiated as a retaliatory measure to circumvent legal proceedings in an existing criminal case constitutes an abuse of the process of law and is liable to be quashed under Section 482 of Cr.P.C.

O R D E R

This criminal petition petition has been filed to quash the F.I.R. in crime No.250 of 2023 on the file of the first respondent.

2. The case of the prosecution is that the defacto complainant is doing jewellery business under the name and style of M/s. Thejas Jewellery. For almost 12 years, he had business relationship with the petitioner who is having a gold manufacturing unit under the name and style M/s.S.T.Jewellery. In the month of December 2022, the petitioner approached the de facto complainant and wanted a list of customers with whom defacto complainant was dealing in Southern India such as Bangalore and Hydrebad. Since the defacto complainant did not heed for the request, the petitioner threatened to cause harm to his business. When the defacto complainant visited Thrissur on 23.12.2022, the car of the defacto complainant bearing registration no. TN 12 AR 6829 was forcibly seized by the petitioner with the help of hooligans and further he threatened that the car will be used for illegal purposes and foisted false cases against the defacto complainant using his money power and political influence. The defacto complainant gave a complaint before the Commissioner of Police and resultantly the car was surrendered. Thereafter, FIR was registered.At the time of releasing the defacto complainant from jail on 01-02-2023, the petitioner and his goonda elements kidnapped the defacto complainant and stole gold worth of 450 grams and under threat and with force obtained signature in blank papers. It is further alleged that though the defacto complainant pleaded to leave him alone, the petitioner and his hooligans continued to threaten him and his family members that the wife and children would be kidnapped.

3. Heard the learned counsel for the petitioner and perused all the materials placed before this Court.

4. On perusal of the records and also on the submissions of the learned counsel appearing on either side, it is revealed that the petitioner and the second respondent are doing gold business. The petitioner is the proprietor of M/s.S.T.Jewellery conducting its business at Thrissur. While being so, the second respondent handed over 1960 grams of gold ornaments by the petitioner for an amount of Rs.96,70,900/-. However, after selling the same, the second respondent failed to pay the amount and cheated the petitioner by giving gold ornaments with its manufacturing cost. Therefore, the petitioner lodged complaint and the same was registered against the second respondent in crime No.77 of 2023 for the offences punishable under Sections 406 & 420 of IPC on the file of the Inspector of Police, Thrissur East Police Station, Thrissur City, State of Kerala. In pursuant to the registration of FIR, the respondent was arrested and the following jewels were recovered.

(1) 1375.100 grams gold chain 116 in numbers (2) 16.500 gms gold chain with stones 1 number (3) 170.200 gms bangles 22 in numbers (4) 181.250 gms with enamel coated gold bangles 15 in numbers (5) 51.8 gms enamel coated gold necklace 1 in number (6) 123 grams gold bracelet 15 in numbers (7) 39.690 grams gold pendent 27 in numbers (8) 1.020 grams gold hook 1 in number and (9) 1.80 grams gold coin 1 in number

5. Thereafter, it was deposited before the Chief Judicial Magistrate, Thrissur. The petitioner filed petition for return of jewels under Section 451 of Cr.P.C. and the same was also allowed on condition that the petitioner shall execute bond for a sum of Rs.1,00,00,000/- in Crl.MP.No.728 of 2023 dated 03.02.2023 on the file of the Chief Judicial Magistrate, Thrissur. In order to escape from the clutches of law, the second respondent lodged the present complaint alleging that the petitioner exorted the second res