THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 3765 of 2009 ORDER: Petitioner preferred this petition challenging the registration of crime against her for an offence under Sections 447 and 453 IPC. Heard the learned counsel for the petitioner. Even after service of notice also, none appeared for the respondent-complainant. The facts of the case are as follows: The complainant, who is brother of the petitioner herein lodged a complaint alleging that the petitioner along with another person broke open the doors and trespassed into the complainant’s premises. Learned counsel for the petitioner submitted that the respondent was allowed to occupy the place. To the said place, the petitioner is the owner and subsequently the respondent refused to vacate the premises and filed a suit against the petitioner in the capacity of a General Power of Attorney Holder to cancel the sale deed executed by the vendor in favour of the petitioner herein. But in the said suit, the complainant has not succeeded and he was directed to vacate the premises. Subsequently, challenging the said order the complainant herein preferred an appeal and the same was dismissed. It is evident from the records that civil suits are pending and already the respondent has invoked the jurisdiction of the civil Court. But in order to succeed in his attempt he preferred this criminal petition. On perusal of the record, this Court is of the view that the present complaint is filed only to achieve what he could not achieve by way of civil suits. Hence, the present complaint is liable to be quashed. The second accused in the said crime is not a petitioner before this Court. But, the facts are equally applicable to the second accused also. Considering the facts and circumstances of the case, this Court is inclined to quash the entire crime. Accordingly, the Criminal Petition is allowed and the proceedings in Crime No.88 of 2009 of Kulsumpura Police Station are hereby quashed. The Miscellaneous Petitions, if any, filed along with this Criminal Petition shall stand closed. __________________ JUSTICE RAJA ELANGO 3rd November 2011 Rns