M. DHANAVENDHAN S/O. MUNIRATHINAM Vs. STATE

JUDGEMENT

(1.) This Petition has been filed to quash the proceedings in S.T.C.No.2 of 2019 on the file of the learned Judicial Magistrate, Denkanikkottai, thereby taken cognizance for the offences under Section 160 of IPC, as against the petitioner.

(2.) There are totally four accused in which, the petitioner is arrayed as first accused. On the complaint given by the petitioner, a case has been registered in Crime No.324 of 2018 for the offence under Section 106 of IPC as against petitioner and others. After completion of investigation, the first respondent filed final report and the same has been taken cognizance in S.T.C.No.2 of 2019 for the offence under Section 106 of IPC, alleging that between the accused persons, there was a previous enmity for the past 30 years in respect of their land. While being so, on 15.07.2018, at about 17.30 hours, the petitioner and three others have quarreled each other and disturbed the public so as to cause terror in the public.

(3.) Admittedly, there was already a civil litigation is pending before the Munsif Court in O.S.No.98 of 2016 filed by the petitioner's father against A3 and others. In fact, on the fateful day all the accused persons have quarreled each other and all them admitted in hospital. The petitioner's mother-in-law has been influenced by the accused 3 and 4 and as such the petitioner got separated his wife. In this regard and as well as the land dispute, there was a previous enmity between their families. After recording the statement from the petitioner, a complaint was registered in C.S.R.No.156 of 2018 and thereafter the same was registered in Crime No.324 of 2018 adding all the parties as accused. In fact all the accused 1 to 4 were arrested and on date of arrest itself, the learned Magistrate granted bail. To attract the offence under Section 160 of IPC, the following ingredients are essential.