ORDER :

L.VICTORIA GOWRI, J.

Preface:

The present Criminal Original Petition is filed invoking the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 Cr.P.C.) seeking quashment of the final report in S.T.C.No.446 of 2023 pending on the file of the learned Judicial Magistrate, Alangulam.

2. The petitioner is arrayed as the sole accused in the said case for the alleged offences under Sections 294(b), 355 and 506(1) of the Indian Penal Code, which correspond to Sections 296(b), 133 and 351(1) of the Bharatiya Nyaya Sanhita, 2023.

3. The petitioner seeks quashment of the proceedings primarily on the ground that the criminal prosecution has arisen out of a matrimonial discord between the petitioner and the de-facto complainant and that the allegations in the final report, even if accepted in their entirety, do not disclose the ingredients of the offences alleged.

4. The jurisdiction of this Court under Section 528 BNSS is meant to prevent abuse of the process of law and to secure the ends of justice. The present petition therefore calls for examination of whether the continuation of the criminal proceedings would amount to such abuse.

Case of the prosecution:

5. The prosecution case, as reflected from the First Information Report and the final report, is that, the second respondent / de-facto complainant is stated to have married one Suresh, who is the husband of the petitioner. According to the prosecution, the said marriage was performed during the subsistence of the petitioner’s marriage with Suresh, resulting in strained relations and hostility between the petitioner and the de-facto complainant.

6. It is alleged that on 21.05.2023 at about 2.15 p.m., the de-facto complainant had gone to Surandai Village along with her friends to purchase a dress. After completing her purchase, she boarded a bus to return home.At that time, the petitioner, who was also travelling in the same bus, is alleged to have abused the de-facto complainant in filthy language and assaulted her with a slipper, thereby intending to dishonour her in public.

7. Based on the complaint given by the second respondent, the first respondent police registered a case in Crime No.93 of 2023 on 24.05.2023 for the offences under Sections 294(b), 355 and 506(1) IPC.After completion of investigation, the respondent police filed a final report dated 04.09.2023, which came to be taken on file by the learned Judicial Magistrate, Alangulam as S.T.C.No.446 of 2023.

Grounds for quash:

8. According to the petitioner, no such incident as alleged by the prosecution ever took place, and the complaint has been fabricated purely on account of personal animosity arising out of matrimonial disputes.

9. It is contended that the registration of the FIR and the subsequent filing of the final report are manifestly attended with mala fide intention, instituted solely with the objective of harassing the petitioner and coercing her into settling matrimonial disputes.

10. The petitioner would further contend that there is an unexplained delay of three days in lodging the complaint. Though the alleged occurrence is stated to have taken place on 21.05.2023, the complaint was lodged only on 24.05.2023, without any plausible explanation.

11. It is also contended that no independent witnesses present in the bus have been examined by the prosecution. The witnesses cited by the prosecution are stated to be interested witnesses, closely associated with the de-facto complainant.The petitioner further points out certain material contradictions regarding the place of occurrence, as reflected in the statements recorded during investigation.

12. According to the petitioner, the allegations made in the complaint, even if accepted as true, do not constitute the ingredients of the offences alleged under Sections 294(b), 355 and 506(1) IPC, and therefore the continuation of criminal proceedings would amount to an abuse of process of law.

13. Reli