The High Court cannot quash criminal proceedings based on merits; such determinations must be made by the trial court after evaluating evidence.

ORDER :

Crl.O.P.No.7478 of 2024 has been filed to quash the entire proceedings in C.C.No.27 of 2024 on the file of the learned Judicial Magistrate No.I, Tirupathur.

2. Crl.O.P.No.7480 of 2024 has been filed challenging the final report in C.C.No.26 of 2024 on the file of the learned Judicial Magistrate No.I, Tiruattur and also for re-investigation of the First Information Report in Crime No.372 of 2023 on the file of the second respondent Police.

3. The petitioner is a doctor and he is running a clinic under the name and style of 24x7 Poison & Emergency Care Hospital at No.8/16, Hanumantha Ubasagarpettai, Tirupattur District. While that being so, on 12.09.2023, at about midnight 12.00 o'clock, when the petitioner was in the clinic, the second respondent came to his clinic complaining of stomach pain. She went to his room and the petitioner asked her to lie down on the bed. He checked her stomach, removed her pant, and touched her private part. When the second respondent questioned him, he misbehaved with her. Immediately, she came out of his room and informed her brother, who had also gone to the clinic with the second respondent. They went home, and all her relatives came to the clinic and questioned him. While questioning him about the same incident, he scolded her with filthy language and also attacked her. On the complaint, the first respondent registered a First Information Report in Crime No.371 of 2023 for the offences punishable under Sections 294(b), 323, 354, 354A, and 354B of IPC . After completing the investigation, a final report was filed and the same has been taken cognizance in C.C.No.27 of 2024.

4. On the very same incident, the petitioner also lodged a complaint and the same was registered as a First Information Report in Crime No.372 of 2023 for the offences punishable under Sections 147 , 294(b), 323, 324, 427, and 506(1) of IPC as against five accused persons, who had accompanied the victim girl, alleging that they attacked him and also scolded all the staff of the clinic with filthy language. After completing the investigation, the first respondent filed a final report and the same has been taken cognizance in C.C.No.26 of 2024 and it is pending on the file of the learned Judicial Magistrate No.I, Tirupattur.

5. The learned counsel for the petitioner would submit that the petitioner and his wife are doctors, running 24x7 Poison & Emergency Care Hospital at No.8/16, Hanumantha Ubasagarpettai, Tirupattur District. Due to previous enmity and to exact vengeance, a false complaint has been foisted to tarnish the name of the petitioner and also to shut down the clinic. He also produced CCTV footages to show that the complainant went inside the room of the doctor and while coming out, showed no resemblance of the alleged misbehaviour of the petitioner. They came out of the clinic calmly, and thereafter, she brought all her relatives and henchmen to attack the petitioner. They brutally attacked the petitioner and the clinic.

5.1. He further submitted that the offence under Section 354 is not at all attracted, and even then, the first respondent mechanically filed a final report for the said offence, which has been taken cognizance of by the Trial Court. While conducting the investigation, the first respondent ought to have seen if there was any substance in the allegations to make out a case for the offence under Section 354 of IPC . The ingredients set out under the offence punishable under Section 354 of IPC are not at all made out in the case on hand. There is no force and there is no mental and physical discomfort caused to the second respondent by the petitioner. That apart, the petitioner had no mens rea for the act as alleged by the prosecution. In support of his contention, he relied upon the Hon'ble Supreme Court of India in the case of Naresh Aneja alias Naresh Kumar Aneja vs. State of Uttar Pradesh and another , reported in 2025 SCC OnLine SC 3 .

6. The learned Government Advocate (Crl. Side) appearing for th