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HIGH COURT OF MADRAS
Honourable Mr Justice C. SARAVANAN
V.BHUVANESHWARI – Appellant
Versus
THE DIRECTOR GENERAL OF POLICE – Respondent
Restraint - Writ Petition - IPC Sections 294(b), 323, 342, 506(ii) & Tamil Nadu Prohibition of Harassment of Women Act - The court highlighted the distinction between civil and criminal disputes, affirming that existing criminal proceedings require cooperation from the petitioner and protection from harassment by authorities.
Fact of the Case:
The petitioner sought to restrain the third respondent from interfering in a civil money transaction dispute with the fourth respondent, amidst ongoing criminal proceedings initiated by the fourth respondent against the petitioner.
Finding of the Court:
The court found that while the dispute has civil aspects, it cannot be solely dismissed as such, given the registered FIR under various IPC sections and the Tamil Nadu Prohibition of Harassment of Women Act. It mandated the third respondent to complete the investigation and protect the petitioner from harassment.
Issues: Whether the court should restrain the third respondent from interfering with a civil dispute given the concurrent criminal proceedings.
Ratio Decidendi: The court established that criminal proceedings may exist alongside civil disputes and that the petitioner must comply with the investigation while being protected from undue harassment.
Final Decision: Writ Petition disposed with directions regarding cooperation and protection against harassment.
This Writ Petition has been filed seeking to restrain the 3rd respondent from interfering with the civil dispute of money transaction between the petitioner and 4th respondent.
2. It is noticed that the petitioner has filed a complaint against the 4th respondent, which is culminated in the registration of F.I.R. in Crime No.35 of 2024 under Sec. 294(b), 323, 342, 506(ii) of I.P.C. and Sec.4 of Tamil Nadu Prohibition of Harassment of Women Act . The petitioner has now approached this court to restrain the 3rd respondent from interfering with the civil dispute of money transaction between the petitioner and 4th respondent. 3. Heard the learned counsel for petitioner and learned Government Advocate (Crl. side) appearing for respondents 1 to 3 and perused the materials available on record. 4. It is noticed that there a civil suit is pending as on date. At the same time, it cannot be summarily concluded that the dispute between the petitioner and the 4th respondent is only of civil nature. Be that as it may, the petitioner is directed to cooperate with the 3rd respondent in the purported complaint filed by the 4th respondent. The 3rd respondent is also directed to file a final report in Crime No. 35 of 2024 filed by the 4th respondent as expeditiously as possible. It is made clear that petitioner shall not be harassed by asking the petitioner to visit the police station and remain in the police station or any day beyond sun set. Enquiry shall be done in presence of a lady officer. 5. With the said direction, this Writ Petition is disposed of.
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