Advocates:
['M/S AAV PARTNERS', 'PUBLIC PROSECUTOR', '', 'B PACHAIYAPPAN', 'U GOKULAKRISHNAN', 'S KARPAGAPRIYA', 'M/S T GOWTHAMAN']

Crl.O.P.No.15389 of 2019

and

Crl.M.P.No.7573 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

:28.10.2022

Pronounced on

03.11.2022

Coram:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

Crl.O.P.No.15389 of 2019

and

Crl.M.P.No.7573 of 2019

1.C.Shenbagam

2.Chinnathambi

.. Petitioners

/versus/

1.The Sub-Inspector of Police,

Jolarpet Police Station,

Jolarpet, Vellore District.

2.Dr.Vasudevan

.. Respondents

Prayer:

Criminal Original Petition has been filed under Section 482 of

Cr.P.C., to call for the records in Crime No. 143 of 2019 dated 27.04.2019

on the file of the 1^st respondent police and quash the same.

For Petitioners

:Mr.Abdul Saleem for

M/s AAV Partners

For Respondents

:Mr.R.Kishore Kumar

Government Advocate (Crl.Side)for R1

Mr.T.Gowthaman for R2

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Crl.O.P.No.15389 of 2019

and

Crl.M.P.No.7573 of 2019

O R D E R

The petition to quash the criminal complaint on the file of the Jolarpet

Police Station in Cr.No.143/2019 is filed on the ground that the complaint is

borne out of malafide and a pure civil suit is given criminal colour to harass

the petitioners.

2.

According to the petitioners, the first petitioner is daughter of

Raji Gounder born to his first wife. The defacto complainant is the eldest

among the five children of Raji Gounder born to his second wife. Raji

Gounder died intestate on 09/10/1979 leaving behind the first petitioner,

defacto complainant and 4 others, who are the defacto complainant’s brother

and 3 sisters. In the partition suit between the legal heirs of the deceased

Raji Gounder filed before the Sub-Court Thirupattur in O.S.No: 102/1991,

the parties entered into an amicable settlement. The properties were divided

among the legal heirs and a partition deed dated 14/07/2004 was registered.

Under the partition deed, agricultural land ad-measuring to an extent of 1

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Crl.O.P.No.15389 of 2019

and

Crl.M.P.No.7573 of 2019

acre 04 cents, comprised in S.F.No: 285/2 B, situated at Chinnavenkayapalli

Village and few other properties were allotted to the share of the first

petitioner. Since then the said property is in absolute possession and

enjoyment of the first petitioner. Revenue records stands mutated in the

name of the first petitioner. Put up a house in S.No 296/1 and got electricity

connection. Thus, the parties have acted upon the partition deed and

enjoying their respective shares peacefully.

3.

The first petitioner withdrew her suit for partition and got

transposed as defendant from the plaintiff. Few other plaintiffs continued the

suit. A preliminary decree in the suit O.S.No.102/1991 was passed on

26/11/2012. Presently, S.A.No.140/2016 filed by the defacto complainant in

respect of item No; 10 is pending. Whileso, the petitioners being the owner

of the land and the standing timber on the land in S.No.285/2 B removed 60

teak trees after obtaining permission from their patta land, vide proceedings

dated 03/06/2014 granted by the Forest Department.

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Crl.O.P.No.15389 of 2019

and

Crl.M.P.No.7573 of 2019

4.

While the fact being so, the defacto complainant with an

ulterior motive gave a false complaint on 26/06/2014 alleging that the land

in S.No.285/2 B, belongs to him and he planted the teak trees 25 years ago

and watered. Those teak trees were removed illegally by the petitioner

without permission from the forest authorities. The said complaint was taken

up for enqiry in C.S.R.No.311/2014. After enquiry, the said complaint was

closed as the police was satisfied with the revenue records regarding

possession and permission issued by the Forest Department to cut the teak

trees.

5.

On 13/11/2018, the defacto complainant with 20 goondas came

to the property and illegally trespassed into it. Damaged the fences, CCTV

cameras and set fire to the LED TV. In this regard, the