IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.03.2025 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7425 of 2024 and Crl.M.P.No.5388 of 2024 Shruthi Thilak ... Petitioner Vs.

1. The State Rep by The Inspector of Police, G-7, Chetpet Police Station, Kilpauk, Chennai – 600 008

2. Sabina ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in FIR No.219 of 2022 dated 07.12.2022 on the file of the respondent police and quash the same.

For Petitioner : Mr.S.Karthikei Balan For Respondents For R1 : Mr.K.Vinothraja Government Advocate (Crl.Side)

For R2 : Mr.K.M.Mohamed Riyasath Ali

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.219 of 2022 on the file of the first respondent, registered for the offences punishable under Sections 294(b), 448 &

506(1) of IPC.

2. The case of the prosecution is that on the complaint lodged by the second respondent, the first respondent registered the FIR in Crime No.219 of 2022, alleging that the second respondent is the servant maid of the petitioner’s husband. Already the petitioner and her husband had family disputes. While being so, on 11.09.2022, when the second respondent was doing her work in the house of the petitioner’s husband, the petitioner came to the house and quarrelled with her husband. Thereafter on 25.09.2022, the petitioner left her matrimonial home along with her two children, without informing anybody. Further on 27.09.2024, the petitioner through phone scolded the second respondent, and strictly warned her not to come to her husband's house for any work. Thereafter on 11.10.2022, when the second respondent and her husband were not in their house, the petitioner had sent some persons to their house and threatened the entire family members with dire consequences.

Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner got married one Dr.Prabhu Thilak on 24.10.2007 and due to difference of opinion between them and extra marital affairs of her husband, the petitioner was driven out from her matrimonial home and she got separated on 29.12.2021. Due to cruelty and harassment made against the petitioner, she lodged domestic violence complaint in DVC.No.95 of 2022 as against her husband, on the file of the XXIII Metropolitan Magistrate, Saidapet, Chennai and it is pending for trial. Her husband is the son of former Director General of Police and as such he misused the power and foisted false case as against the petitioner for several offences, and the present impugned FIR is one among them. He further submitted that the petitioner’s husband also filed a divorce petition in H.M.O.P.No.1320 of 2023 and it is pending on the file of the III Additional Family Court, Chennai. Now, the present complaint was filed through his house servant maid viz., the second respondent herein.

In fact she doesn’t know read and write in any language.

4. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

5. It is seen that on 11.10.2022, when the second respondent and her husband were not in their house, the petitioner had sent some persons to there and threatened the other family members with dire consequences. Insofar as the offences registered as against the petitioner in FIR, no offenece is made out as per the allegations levelled against the petitioner. In order to attract the offence under Section 294(b) of IPC, there must be an uttering of words to affect the person who lodged the complaint. In this regard it is relevant to extract the Section 294(b) of IPC, as follows :-

"294. Obscene acts and songs —Whoever, to the annoyance of others—

(a) does any obscene act in any public place, or (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with bo