IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.09.2022 CORAM THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Crl.O.P.No.21026 of 2022 and Crl.M.P.Nos.13717 & 13715 of 2022

1.V.Gopal 2.Magesh

3.Ranganayagi

4.Selvi ... Petitioners Versus

1.The State rep by The Inspector of Police Vadakkipalayam Police Station Coimbatore District (Crime No.293 of 2021)

2.Karunambigai ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records and quash the final report in C.C.No.387/2021 in Crime No.293/2021 dated 18.09.2021 pending on the file of the learned Judicial Magistrate No.I, Pollachi For Petitioner : Mr.N.Umapathi For Respondent : Mr.E.Raj Thilak for R1 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to quash the final report in C.C.No.387/2021 registered for the offences under Section 447, 294(b), 323, 325, 506(1) of IPC and 4 of TN Prohibition of Harassment of Women Act, 2002 pending on the file of the learned Judicial Magistrate No.I, Pollachi

2. The crux of the allegations in the final report is that the A1 and A2 caused grevious injury and dislocated the teeth of the defacto complainant the A3 and A4 has also abused her. Thereby, they were prosecuted.

3. The learned counsel for the petitioner would submit that A3 and A4 is nowhere connected to the offence, A3 is college going student and seeks to quash the final report as against the petitioners.

4. Heard both sides and perused the materials placed on record. At the outset, this Court is unable to countenance to the submissions of the learned consel. Merely on the ground raised by the learned counsel for the petitioner, the entire proceedings as against the petitioners cannot be quashed, whereas, allegations are having caused grevious injury. Hence, at this stage, this question of quashment of final report does not arise at all. This Court is of the view that whether the petitioners shared common intent or not is a matter of evidence that cannot be gone into at this stage and this is all the matters that are to be looked into by the Trial Court and this Court cannot conduct roving enquiry while exercising its jurisdiction under Section 482 of Cr.P.C.

5. Accordingly, this Criminal Original Petition stands dismissed. No costs.

Consequently, connected miscellaneous petitions are closed.

01.09.2022 dhk To

1. The Judicial Magistrate No.I Pollachi

2.The Inspector of Police Vadakkipalayam Police Station Coimbatore District

3.The Public Prosecutor, Madras High Court, Chennai N. SATHISH KUMAR, J.

dhk

01.09.2022