Proceedings involving counter-complaints filed without substantive evidence or proof of essential ingredients for offences like criminal intimidation and obscene acts constitute an abuse of the process of law and are liable to be quashed under S.482 Cr.P.C.

ORDER :

G.K.ILANTHIRAIYAN, J.

The criminal original petition in Crl.OP.No.10954 of 2023 has been filed challenging the FIR in crime No.432 of 2022 on the file of the respondent police. The criminal original petition in Crl.OP.No.10974 of 2023 has been filed challenging the proceedings in CC.No.87 of 2023 on the file of the learned Judicial Magistrate No.II, Hosur.

2. Insofar as Crl.OP.No.10974 of 2023 is concerned, on the complaint lodged by the second respondent, the first respondent registered FIR in crime No.130 of 2022 for the offence punishable under Sections 294(b), 324 and 506 Part II of IPC on the allegation that on 03.07.2022, when the defacto complainant was proceeding to his land at about 3.30 p.m. and while he was nearing the land that belongs to the accused, the accused had scolded him with filthy languages and prevented the complainant from entering his land. They also threatened the defacto complainant with dire consequences. Further, they assaulted him by a sickle on his right wrist. That apart, they also assaulted him with stones on his knees. Therefore, he sustained injuries, pursuant to which, the complaint had been lodged. After completion of investigation, the first respondent filed final report and the same has been taken cognizance by the trial court in CC.No.87 of 2023 on the file of the learned Judicial Magistrate No.II, Hosur.

3. The learned Senior Counsel appearing for the petitioners in both the criminal original petitions submits that insofar as Crl.OP.No.10974 of 2023 is concerned, it is based only on the counter complaint after registration of FIR in crime No.129 of 2022 on the complaint lodged by the petitioner against the second respondent and others. In fact, after completion of investigation, the first respondent filed final report and the same has been taken cognizance by the trial court and it is pending for trial in CC.No.51 of 2023 for the offence punishable under Sections 147, 148, 294(b), 323, 324 & 506 Part II IPC. In fact, the second respondent and others came into the land owned by the petitioner and assaulted him. They also scolded him with filthy languages. Due to the assault, he sustained fracture and he was admitted in Government Hospital at Hosur. Therefore, the present proceedings is nothing but a counter blast to the complaint lodged by the petitioner and as such, the second respondent and others are real aggressors to the occurrence. In order to escape from the clutches of law, the second respondent had lodged this complaint. The petitioner is an advocate who represents on behalf of the person who filed suit as against the second respondent. Therefore a false complaint has been foisted against the petitioner. He further submits that thereafter another accused in crime No.129 of 2022 also lodged another complaint against the petitioner and the same was registered in crime No.432 of 2022 for the offence punishable under Sections 294(b), 355, 323 & 506 Part I of alleging that on 02.09.2022 when the defacto complainant in Crl.OP.No.10954 of 2023 visited his advocate office, he scolded him with filthy languages and he also beat him with hands. In fact, the complaint was lodged for the alleged occurrence that took place on 02.09.2022. There was a delay of 4 days in the lodgment of complaint and there is absolutely no explanation by the defacto complainant regarding the belated complaint. Hence, he prayed for quashing the impugned proceedings in both the criminal original petitions.

4. Per contra, the learned counsel for the second respondent in both the cases sub