BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 03.03.2025 Delivered on : 26.03.2025 CORAM THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.185 of 2024 Hemalatha : Petitioner Vs.

1.State rep.by the Sub-Inspector of Police, Manamelkudi Police Station, Pudukkottai District.

2.Rosali Mary

3.George Fernandas : Respondents PRAYER : Criminal Revision Petition filed under Sections397 r/w 401 of Cr.P.C., to call for the records and set aside the order, dated 20.12.2023 in Cr.M.P.No.7183 of 2023 on the file of the Judicial Magistrate, Aranthangi, Pudukkottai District and direct the respondent to register the case based on the petitioner's complaint.

For Petitioner : Mr.S.Sathya Chidambaram, For Respondents : Mrs.M.Aasha, Government Advocate (Criminal Side)

for R1.

: Mr.M.Suresh, for R2 & R3.

ORDER

This Criminal Revision Petition is directed against the order passed in Cr.M.P.No.7183 of 2023, dated 20.12.2023 on the file of the Judicial Magistrate, Aranthangi, Pudukkottai District, dismissing the petition filed under Section 156(3) of Cr.P.C.

2. The case of the petitioner is that there existed dispute between the petitioner's family and the respondents 2 and 3; that on 29.10.2023 at about 06.40 am, when the petitioner was doing fencing work, the first respondent had abused the petitioner and threatened her not to come that place without producing any order of the Court; that the petitioner's father has come to that place and on seeing him, the third respondent by abusing him in filthy language, kicked on his chest and as a result, he fell down; that the third respondent went inside his house and brought a knife and stabbed on the petitioner's father's head; that the respondents 2 and 3 had abused in filthy language and attacked the petitioner and her father indiscriminately; that her one gram gold right ear stead was found missing and due to the attack specs was fallen down and got damaged and that the neighbors intervened and saved the petitioner and her father from the brutal attack.

3.It is the further case of the petitioner that herself and her father were admitted in Government Hospital in Manamelkudi as inpatients on 29.10.2023; that the police from Manamelkudi has come to the hospital and recorded their statements and that since there was no action, the petitioner after discharge from the hospital gave a complaint on 06.11.2023 and only thereafter, CSR dated 30.10.2023 came to be issued; that since the respondent police has not taken any action, the petitioner sent a complaint to the Superintendent of Police and Deputy Superintendent of Police on 15.11.2023 and since the said complaints were also of no avail, the petitioner was constrained to file the above petition under Section 156(3) of Cr.P.C.

3. The learned Judicial Magistrate, taking the petition filed under Section 156(3) Cr.P.C, on file in Cr.M.P.No.7183 of 2023 and upon perusing the petition, petitioner's affidavit and on hearing the petitioner's side, has passed the impugned order dated 20.12.2023 by holding that there existed land dispute between the parties and that the petitioner has not complied with the mandatory requirements of sending complaints to the jurisdictional police, dismissed the petition.

4.No doubt, the Hon'ble Supreme Court in Mitesh Kumar J Sha vs The State Of Karnataka, in Criminal Appeal No.1285 of 2021, dated 26.10.2021, has specifically observed that cloaking a civil dispute with a criminal nature in order to get quicker relief is an abuse of process of law, which must be discouraged.

5.It is also settled law that any effort to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure through criminal prosecution should be deprecated and discouraged.

6.No doubt, the petitioner in the petition filed under Section

156(3) of Cr.P.C., and the affidavit filed in support of the petition, alleging that while she was doing fencing work, the second respondent had threatened her and directing not to remain in