IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-03-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN and Crl.M.P.No.7510 & 7511 of 2023

1. P.Anbuchselvan S/o. Palanisamy, 2. Palanisamy S/o. Palani 3. Eswari W/o. Palanisamy, Petitioners 1, 2 and 3 are Residing At D.No.2/90, Ambethkar Colony, Thnneerkuttapatti, Guttapatti, Mettur Taluk, Salem District.

4. Kumutha W/o. Sakthinathan, No.4-403, Mallakgundanur, Sellapillai Kuttai, Salem District - 636 304.

5. Vanitha C/o. Sakthimurugan, No.2-485, Kattikaranur, Pottiyapuram, Salem - 636 309.

6. Sakthivel S/o. Palanisamy, No.2/90, Ambethkar Colony, Thannikuttapatti, Guttapatti, Mettur Taluk, Salem - 636 453. 7. Sakthinathan S/o. Subramani, No.4/403, Adidravidar Colony Mallakowndanur, Chellapillaikuttai, Salem - 636 304.

8. Sakthimurugan S/o. Sadaiyan, D.No.485, Kattikaranur Colony, Pottipuram, Salem - 636 309.

9. Suhasini D/o. Rajamanikkam, D.No.2/56, New Colony, Saminayakkanpatti, Salem - 636 011.

..Petitioner(s)

Vs

1. The State Rep By Inspector Of Police, All Women Police Station, Omalur, Salem District.

Cr.No.1 of 2021.

2. Sowbaghya W/o. Anbuchselvan, Thanneerkuttappatty Colony, Kuttapatti Post, Mettur Taluk, Salem District. ..Respondent(s)

Prayer: Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure to call for the records relating to the charge sheet in CC.No.138 of 2022 on the file of Judicial Magistrate-I, Omalur, Salem District and to quash the same and to allow the above Criminal Original Petition.

For Petitioner(s): M/s. C.Prabakaran For Respondent(s): Mr.A.Gopinath Government Advocate (Crl.side) (for R1)

No appearance (for R2)

ORDER

This Criminal Original Petition is filed to call for the records relating to the charge sheet in CC.No.138 of 2022 on the file of Judicial Magistrate-I, Omalur, Salem District and to quash the same.

2. On a complaint lodged by the second respondent, the first respondent registered a FIR in Cr.No.1 of 2022 for the offences punishable under Sections 147, 294(b), 506(i), 498 IPC, alleging that the second respondent married the first petitioner on 28.08.2018 after developing love with him and begotten a child named Yashwin @ Ilanjudar. She further alleged that after a period of two years from their marriage, the first petitioner’s activities became unusual who started coming home late at midnight or after and subsequently, stopped coming home. On 15.03.2020 at 11.00 a.m. the second respondent took her child and visited her husband’s parental home at Kuttypatti wherein she was informed by the parents of the first petitioner that the first petitioner was not there. Thereafter, the petitioners 2 to 9 abused the second respondent with filthy words and threatened her that they would put kerosene on her. The second respondent further alleged that the first petitioner married a woman named Sughasini on

30.10.2020. Hence, the complaint.

3. On perusal of the entire records and also on the submissions made by either counsel on record revealed that the entire allegations are bald and vague.

That apart, the second respondent has filed a petition for restitution of conjugal rights in H.M.O.P. No.116 of 2019 on the file of the Sub-Court, Mettur. After two years from the date of filing of the petitioner for restitution of conjugal rights, the second respondent lodged complaint with the above allegations. 4. On perusal of the petition for restitution of conjugal rights filed by the second respondent, it is seen that the allegations are made only against the first petitioner and no specific allegation is made out against the petitioners 2 to 9.

5. To attract the offences 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