Crl.OP.No.8420 of 2016 filed to quash criminal proceedings. Held that continuation would amount to abuse of process of law due to insufficient evidence of inducement and assault in the complaint. Petition allowed; proceedings quashed insofar as petitioners are concerned.
Proceedings in C.C.No.499 of 2008 quashed insofar as the petitioners are concerned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :22.10.2018
CORAM
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM
Crl.OP.No.8420 of 2016 and MP.Nos.4393 and 4396 of 2013
1.Jayanthi 2.Ramachandran ... Petitioners/Accused 3 & 4
Vs. 1. V.Yobu 2. T.Sivasakthi ... Respondents 1 & 2/Complainants 3. G.Rajesh 4. N.Palanisamy ... 3rd & 4th Respondents/Accused 1 & 2 PRAYER : This Criminal Original Petition has been filed under Section 482 of Cr.P.C, praying to call for the records in C.C.No.499 of 2008 on the file of the Judicial Magistrate VII at Coimbatore and quash the same.
For Petitioners : Mr.M.Aravind Subramaniam For Respondents : No Appearance for R1 and R2 ORDER
This petition has been filed by the accused Nos.3 and 4 to quash the proceedings against them in C.C.No.499 of 2008 on the file of the Judicial Magistrate VII, Coimbatore.
case was registered in Crime No.676 of 2008 under Section 379 IPC against respondent Nos. 1 and 2. He further submitted that in that case, the respondent Nos. 1 and 2 were arrested and remanded to the judicial custody and after one month, they have filed a private complaint before the Judicial Magistrate VII, Coimbatore stating that due to inducement made by the petitioners herein, the accused Nos.1 and 2 have assaulted them and obtained signatures in blank papers and hence they have to be punished under Sections 120-B, 211, 323, 357 and 500 IPC. He further submitted that the learned Judicial Magistrate after recording sworn statements, has taken cognizance only under Sections 323 and 357 IPC. He further submitted that the complainants have not challenged for not taking the case on file under Sections 120-B, 211 and 500 IPC. He further submitted that in the complaint, the complainants have simply stated that due to inducement made by the petitioners herein the accused Nos.1 and 2 assaulted them and obtained signatures in blank papers and that there is no evidence that the petitioners herein have induced the accused Nos. 2 and 3 to commit any offence. He further submitted that the aforesaid case has been filed as a counter blast with a view to escape from the case registered against the respondent Nos.1 and 2 herein under 379 IPC. He further submitted that after filing of the aforesaid case, the management has settled the amounts due to the respondent Nos. 1 and 2 herein and they were relieved from the aforesaid companies. He further submitted that the respondent Nos. 1 and 2 are not appearing before the Trial Court as well as this Court even after receipt of notice from this Court and hence he requests to quash the proceedings against the petitioners herein.
the order of the Magistrate with regard to not taking the case under Sections 120-B, 211 and 500 IPC. As already stated that as per the complaint, the petitioners herein have not assaulted the respondent Nos. 1 and 2 and they have not obtained signatures in blank papers. Under the said circumstances, the proceedings against the petitioners have to be quashed.
6.In the result, this petition is allowed. The proceedings in C.C.No.499 of 2008 on the file of the Judicial Magistrate No.VII, Coimbatore are quashed in so far as the petitioners herein alone. The concerned Judicial Magistrate has to proceed against the other accused persons and dispose of the case in accordance with law uninfluenced by the observations made by this Court in this Order. Consequently, connected miscellaneous petitions are closed.
Sd/Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrarvv
To
Crl.OP.No.8420 of 2016 and MP.Nos.4393 and 4396 of 2013
GN(16/11/2018)
2 issues framed by the court
Whether proceedings against petitioners in a criminal complaint should be quashed due to lack of material showing abuse of process.
Whether the complaint sufficiently proves inducement by petitioners to assault and obtain signatures in blank papers.
1 provisions across 1 enactments
JAYANTHI R. & ORS.
V.YObu & ORS.
P.RAJAMANICKAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
