Madras High Court
Selvam vs The State Rep. By on 1 February, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
Crl.O.P.(MD)No.905 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.(MD) No.905 of 2022
and
Crl.M.P.(MD).Nos.644 and 645 of 2022
1.Selvam
2.Thamarai Kannan @ Kannan ... Petitioners/A1 & A2
Vs.
1.The State Rep. by
The Inspector of Police,
Sendhamaram Police Station,
Thenkasi District. ... 1st Respondent/Complainant
2.Thangammal ... 2nd Respondent/Defacto complainant
PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C, to call for the records pertaining to the C.C.No.141 of 2021 on
the file of the learned Judicial Magistrate, Tenkasi and quash the same.
For petitioners : M/s.C.R.Ponnuthai
For R-1 : Mr.S.Manikandan
Government Advocate (Criminal Side)
https://www.mhc.tn.gov.in/judis
1/6
Crl.O.P.(MD)No.905 of 2022
ORDER
This petition has been filed seeking to quash the
proceedings in C.C.No.141 of 2021 pending on the file of the learned
Judicial Magistrate, Tenkasi.
2.The case of the prosecution is that while the defacto
complainant's husband was an agent in PACL, the first petitioner paid Rs.
16,500/- as Rs.1,100 per month for 15 months. Subsequently, PACL was
terminated. Therefore, the first petitioner asked the paid amount and
quarreled with the husband of the defacto complainant. On 04.02.2019,
at about 07.30 p.m., the defacto complainant was talking with her
husband in front of their house, at that time, the petitioners and other
accused attacked the defacto complainant and her husband. Hence, the
second respondent made a complaint before the first respondent Police
and the first respondent Police registered a case in Crime No.57 of 2019
against the petitioners and the respondent Police conducted the
investigation and on completion of investigation, the charge sheet has
been filed before the learned Judicial Magistrate, Tenkasi and the learned
Judicial Magistrate has taken cognizance in C.C.No.141 of 2021 for the
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alleged offences punishable under Sections 294(b), 323 and 506 (ii) of
I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women
Act.
3.The learned counsel appearing for the petitioners would
submit that due to money dispute, the above said occurrence had
happened and in order to wreck vengeance, the defacto complainant
made a false complaint against the petitioners and there is no specific
allegation made against the petitioners.
4.The learned Government Advocate (Crl. Side) would
submit that there are materials available to proceed with the case as
against the petitioners herein and at the threshold, the criminal
proceedings cannot be quashed and the charges against the petitioners
have to be gone into only at the time of trial and hence, he prayed for
dismissal of the petition.
5.In the above circumstances, the trial court has rightly
taken the case on file and this Court is of the considered view that no
prejudice would be caused to the petitioners, if they are subjected to due
trial as sufficient opportunity would be given to the petitioners to put
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forth their defence. The petitioners cannot be let by quashing the charges
framed against them as that would completely undermine the alleged act,
which is the subject matter of criminal trial pending against them. Useful
reference in this regard can be made to the decision of the Hon’ble Apex
Court in State of Haryana – Vs - Bhajan Lal (1992 SCC (Crl.) 426).
6.For the reasons aforesaid, this Court finds no ground or
scope to quash C.C.No.141 of 2021, pending on the file of the learned
Judicial Magistrate, Tenkasi. Accordingly, this Criminal Original
Petition is dismissed. Consequently, connected miscellaneous petitions
are closed.
7.At this juncture, the learned counsel appearing for the
petitioners would submit that this Court may consider to dispense with
the personal appearance of the petitioners before the court below. Taking
into consideration the request as made by the learned counsel for the
petitioners, the appearance of the petitioners before the trial court is
dispensed with except for their appearance for the purpose of receiving
the copy of the proceedings u/s 207 Cr.P.C., framing of charges,
questioning under Section 313 Cr.P.C. and on the day on which judgment
is to be pronounced. However, if for any particular reason, the presence
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of the petitioners is necessary, the trial court, at its wisdom, shall direct
their appearance on those days.
01.02.2024
Index : Yes/No
Internet : Yes/No
SJI
To
1.The Judicial Magistrate, Tenkasi.
2.The Inspector of Police,
Sendhamaram Police Station,
Thenkasi District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
M.DHANDAPANI. J.
SJI
01.02.2024
https://www.mhc.tn.gov.in/judis
