JUDGMENT :

Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to PRC No.6 of 2009 in Crime No.12 of 2008 on the file of Judicial Magistrate-I, Ulundurpet, Villupuram District and quash the same.

1. This Criminal Original Petition has been filed to quash the criminal proceedings in P.R.C.No.6 of 2009 on the file of the Judicial Magistrate-I, Ulundurpet, Villupuram District and quash the same.

2. The petitioners are stood charged for the offences under Sections 294(b), 323, 506(ii), 307 of IPC r/w. Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 1998.

3. The case of the prosecution, in brief, is as follows:

The first petitioner/A1, was running a Teacher Training Institute, at Ulundurpet and the 2nd petitioner/A2 is his son. In the year 2007, the defacto complainant wants to admit her son in the Teacher Training Institute run by A1, for which, she has paid a sum of Rs.70,000/-. Thereafter, she came to know that the said institute does not have adequate facility. Hence, she requested A1 to return the money paid by her, and all certificates. For that, A1 asked her to come to the school premises on 04.01.2008. On that day, the de-facto complainant and his mother went there, at that time, A1 abused her by calling her caste name and also outraged her modesty and slapped on her face and while the de-facto complainant’s mother questioned the same, A1 attacked her with wooden-log. At that time, A2, son of A1, with an intention to cause death, attacked the defacto complainant with an iron rod on her head and caused injuries. Immediately, she was taken to the Government Hospital, Ulundurpet., thereafter, she lodged a complaint before the respondent police, and based on that, a First Information Report has been registered for the offences under Sections 294(b), 354, 323, 324 & 307 IPC r/w. 2 & 3 of Tamilnadu Prohibition of Harassment of Women Act, 1998 and Section 3(2)(v) of the SC/ST Act 1989. After investigation, final report has been filed for the offences under Sections 24(b), 323, 506(ii) and 307 IPC r/w. Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 1998 and the matter is pending for committal in PRC No.6 of 2009 before the Judicial Magistrate, Ulundurpet. To quash the proceedings, the present petition has been filed.

4. Mr. S. Prabakaran, learned Senior counsel appearing for the petitioners submitted that the first petitioner is a retired Head Master and he is running the Teacher Training Institute for poor downtrodden people. Earlier, the defacto complainant wants to admit her son in the institute and she paid a sum of Rs.20,000/-, subsequently, since he got admission in some other institute, and she wants Transfer Certificate and also the amount paid by her. On 25.07.2007, the defacto complainant and her son received the said sum of Rs.20,000/- from the first petitioner and she has also issued acknowledgement for the same. On the very same day, she has also received all the Certificates. Thereafter, at the instigation of some political parties, the present complaint has been filed as if both the petitioners attacked the de-facto complainant and her son.

5. The learned Senior Counsel further submitted that this complaint has been lodged with a malafide intention to harass the petitioners. The de-facto complainant paid only Rs.20,000/- towards the admission fees, which was also returned in the month of July 2007 and all the certificates including the Transfer Certificate was given to her son on 25.07.2007 itself. In the said circumstances, there is no occasion for the petitioners to call the de-facto complainant and attack her. That apart, even the medical Accident Register and the Doctor’s statement do not make out any case for the offence under Sections 307 and 323 of IPC. From the medical report, it is seen that both of them had suffered lacerated injuries and absolutely, there is no allegation that the petitioners attacked the defacto complainant wit