BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.NIRMAL KUMAR, J.
M.Jeyasundari - Appellant
Versus
The State of Tamilnadu Rep.by The Deputy Superintendent of Police - Respondent
Crl.O.P.(MD)No.22430 of 2024 and CRL MP(MD)No.13999 of 2024
Decided on : 19-02-2025
| Table of Content |
|---|
| 1. overview of complaint and allegations against the petitioner. (Para 1 , 2) |
| 2. defense arguments regarding the falsehood of the allegations. (Para 3 , 4 , 5 , 6) |
| 3. court's observations regarding the malicious intent behind the fir. (Para 8 , 9 , 10 , 11 , 12) |
| 4. final ruling to quash fir based on court's findings. (Para 13) |
ORDER :
Seeking to quash the proceedings in Crime No.124 of 2024, dated 20.11.2024, on the file of the 2nd Respondent Police, for the offence under Sections 417, 341, 294(b) and 506(ii) of Indian Penal Code and Section 3(1) (r), 3(1)(s) & 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989, the Petitioner/A3, has filed the present Criminal Original Petition.
2. The case of the prosecution is that on 07.05.2024, the 3rd respondent/3rd respondent belongs to Schedule Caste community. The 3rd respondent and her husband eke out their livelihood by doing coolie works. The Petitioner's husband Pandiaraj employed the 3rd respondent as coolie in his field. The 3rd respondent started working in Pandiaraj field. During this period, the 3rd respondent and Petitioner's husband Pandiaraj developed a relationship. When this relationship between the 3rd respondent and Pandiaraj came out in open, the family members of Pandiaraj viz., his sisters advised Pandiaraj to severe all his ties with the 3rd respondent. The Petitioner and her sister-in-laws are implicated as Accused 2 & 4 as though they abused the 3rd respondent calling her by caste name. Further, the Petitioner and her family members abused the 3rd respondent by citing her societal status and community backdrop. Because of the act of the Petitioner's husband Pandiaraj, the 3rd respondent's life got spoiled, her husband not accepting her and nobody to take care. The Petitioner and other accused are in possession of photographs and video of Pandiaraj and 3rd respondent being together and threatening to use the same to further defame, cause damage and chase the 3rd respondent from the area. Hence, the 2nd Respondent Police registered the Impugned F.I.R under Sections 417, 341, 294 (b), 506(ii) of Indian Penal Code and Section 3(1)(r), 3(1)(s) & 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989.
3.The learned counsel appearing for the petitioner would submit that the allegation of the prosecution case is totally false and the Petitioner not committed any offence as alleged by the Respondents. The Petitioner got married to the said M.Pandiyaraj, an Ex-Army man, out of the said wedlock, they were blessed with one Daughter. The Petitioner is working as Assistant Professor in Ramco Engineering College at Rajaplayam, Virudhunagar District. The Petitioner's husband, an ex-service man from Indian Army, now settled at Aruppukkottai, Virudhunagar District and doing Agriculture. The Petitioner because of her avocation and daughter's education, they were residing in her parent's house at Srivilliputtur. During weekends, vacation and holidays, the Petitioner and her Daughter will spend time at Petitioner's husband's place at Aruppukkottai. The 3rd respondent was employed as a labour in Petitioner husband's grove and in order to extort money induced, the Petitioner's husband fell in relationship with her which was not known to the petitioner who was staying in Rajapalayam with her daughter independently. Later the petitioner's husband Pandiaraj started avoiding the 3rd respondent on the advise of his family members. The petitioner was kept away of any news in this regard. When the Petitioner's husband started avoiding the 3rd respondent, she targeted the Petitioner taking advantage of her societal background to extort money from the Petitioner by foisting false complaint. The 3rd respondent is now advised by a team of legal professionals, hence the petitioner has been roped in.
4. The learned counsel for the petitioner further submitted that the allegations leveled in the complaint that the Petitioner and his family members are in possession of photos and
The court emphasized that consensual relationships cannot be criminalized under the SC/ST Act, and false allegations aimed at coercing individuals where lawful actions should not be subjected to pros....
The court emphasized the need to prevent misuse of the SC/ST (POA) Act, ruling that allegations lacking credible evidence can lead to quashing of proceedings.
The essential elements required to establish offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act must be explicitly stated in the FIR, including the caste status o....
Vague and omnibus allegations against relatives residing separately without specific roles in a matrimonial dispute cannot sustain a prosecution under IPC and SC/ST Act, amounting to an abuse of proc....
The court emphasized that an FIR under the SC/ST Act requires the humiliation of a SC/ST member to occur in public view; allegations must substantiate a cognizable offense.
Criminal proceedings involving private disputes can be quashed on the basis of compromise arrived between the parties when continuation would be abuse of process.
Cruelty – Court must guard against false and vindictive cases..
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