This petition has been filed seeking to quash P.R.C.No.27 of 2014 pending on the file of the Judicial Magistrate Court No. VI, Madurai, in which, the petitioner is the fifth accused, who has to face trial in respect of offences under Sections 147, 341, 294(b), 307 r/w 149 IPC.

Brief Facts:-

2. The petitioner is the successful candidate selected by the Staff Selection Commission (Southern Region) in the written examination for the post of Constable in CRPF. He was invited to undergo medical examination on 16.05.2016 and it is alleged that the petitioner has successfully completed the same and he has been found fit. The employer wanted the petitioner to produce “No Objection Certificate” from the local police station and the local police did not provide the certificate because of the pendency of this criminal case. The petitioner would have joined the services of CRPF, but for the pendency of this frivolous litigation, he is unable to join the services of CRPF.

3. The learned counsel for the petitioner seeks quashing of proceedings on the following grounds:-

(i) There is no prima facie case made out (as against the petitioner) in the First Information Report as well as in the charge sheet.

(ii) This petitioner had preferred the complaint against the defacto complainant herein and his relatives and this case is a counter blast to that earlier case.

(iii) There is no material to show that there had been common object as mentioned in the First Information Report or in the statement of witnesses.

4. The defacto complainant is one Jenitha, aged 21, D/o.Murugan and W/o.Manimaran, residing at Door No.6A, Yadavar Street, Avaniapuram. The marriage between Jenitha and her husband Manimaran is an inter-caste marriage, in respect of which, there had been dispute between people residing at Yadavar street and Kanakupillai street. On 30.09.2012, one K.Subramani (L.W.1) gave a statement to the Inspector of Police, Avaniapuram, in which, he has stated as follows:-

“There had been prior dispute in respect of inter-caste marriage of Manimaran and Jenitha. While so, on 30.09.2012, at about 7.30 p.m., when Subramanian was talking with Appu Dinesh and other friends, the accused persons (numbering about 15) came and intercepted them and indiscriminately attacked them using stones and weapons, saying that they would perform the marriage only like that and if it is opposed, they would not leave them alive. In the said incident, the complainant Subramani, his mother, sister and one Balaji suffered silent injuries and seeking action against them, complaint was laid, which was registered in Crime No.653 of 2012 under Sections 147, 341, 294(b) and 307 IPC against (1)Sembattaiyan Ravi, S/o.Arumugam (2)Vinoth, S/o.Sivakumar (3)Sri Ram, S/o.Sivakumar (4)Gowtham, S/o.Pandi (5) Prasath, S/o.Pandi (6)Kasi, S/o.Ganesan (7)Kumar, S/o.Chinnu @ Krishnan (8)Karuppu, S/o.Amavasi (9)Kannan, S/o.Vayitru Murugan (10)Suresh, S/o.Vayitru Murugan (11)Manimaran, S/o.Gunasekaran (12)Lakshmi, W/o.Alagar (13)Poongodi, W/o.Ramar (14)Muthumari, W/o.Pandi (15)Karuppayee, W/o.Raja.”

5. Except as against Manimaran against rest of them, charge sheet has been filed, which is sought to be proved by the examination of the following witnesses:-

Sl. No.	Name of the Witnesses	Purpose of Examination
1	Subramani	To speak about the injuries to him, Appu Dinesh and Vijayendran as well as previous enmity.
2	Appu Dinesh	Eye witness to the occurrence
3	Vijayendran	-do-
4	Kannan	-do-
5	Muthukonar	-do-
6	Prasanna	-do-
7	Muthuraman	-do-
8	Balaji	-do-
9	Siva @ Sivaraman	-do-
10	Rajapandi @ Pattani	-do-
11	Anandavalli	-do-
12	Susila	-do-
13	Vijaya	-do-
14	Kuttakamal	-do-
15	Rajangam	Observation Mahazar
16	Murugan	-do-
17	Soundarapandian	Eye Witness
18	Ravichandran	-do-