Point of Law: Sections 323 of IPC read as punishment for voluntarily causing hurt.

ORDER :

The petitioner is before this Court calling in question the proceedings in C.C.No.128/2020 registered for the offences punishable under Sections 448, 504, 324, 323, 506 read with 34 IPC.

2. Sans unnecessary details facts projected by the prosecution are as follows:

On 11-09-2019 at about 5.00 p.m. the 2nd respondent/complainant registers a complaint before the jurisdictional police which becomes a crime in Crime No.193 of 2019. The allegation in the complaint against the petitioners is that the petitioners have barged into the house of the complainant, assaulted him with weapons and caused injury. The complaint explains that after the said assault the complainant along with the objects used for such assault was taken to the jurisdictional police and the complaint came to be registered against the petitioners. The police, after investigation, file a charge sheet against the petitioners for the very same offences that were alleged at the time of registration of the crime. The petitioners are arrayed as accused. It is the filing of the charge sheet that drives the petitioners to this Court in the subject petition.

3. Heard the learned Counsel Sri G. Arun appearing for the petitioners and the learned High Court Government Pleader appearing for respondent no.1.

4. The learned counsel appearing for petitioners submits that the complainant has a transaction with the petitioners. The complainant is alleged to have received money from the petitioners for the purpose of getting one of the members of the family of the petitioners a job in any of the department of Government. On such assurance, Rs.10 lakhs was paid by the petitioners to the complainant. The petitioners repeatedly sought refund of the money. The complainant turned out to be a cheat and had lured the petitioners in parting with Rs.10 lakhs and did not secure a job as was promised. As such, the petitioners seek to register a complaint before the jurisdictional police, upon which, the complainant appears before the police and undertakes to refund the money and also hands over certain cheques. Therefore, the matter is purely civil in nature and what is alleged by the complainant of assault has never taken place. Therefore, he seeks quashment of the proceedings.

5. On the other hand, the learned High Court Government Pleader would refute the submission of the petitioners to contend that the alleged offences are serious and would necessarily require a trial, as the incident has taken place and the complainant is injured by the act of the petitioners. He would submit that the material objects of assault and the wound certificate would clearly depict the act of assault by the petitioners upon the complainant. He would submit that it is for the petitioners to come out clean in the trial.

6. The learned counsel for the petitioners would join issue and contend that the material objects are the ones that are given by the complainant. Wound Certificate is also false, as it can be secured by any complainant to register a complaint. He would submit that the complainant only to wreck vengeance for demanding refund of money has resorted to the registration of crime.

7. I have given my anxious consideration to the respective submissions made by the learned counsel and have perused the material on record.

8. The afore-narrated facts are not in dispute. The transaction between the complainant and the petitioners are a matter of record. The reason for receipt of money from the hands of the petitioners by the complainant is what the learned counsel for the petitioners has submitted. Things being thus and the transaction between the petitioners being as narrated hereinabove, when the refund did not come about, the petitioners approached the jurisdictional police. The police in the wake of conduct of a preliminary enquiry summon the complainant. The complainant comes before the jurisdictional police and undertakes to refund the amount, also issues certain cheques by addressing a communication to t