BALAMURUGAN Vs. B. PITCHAI

JUDGEMENT

(1.) This Criminal Original Petition has been to quash the proceedings in C.C.No.26 of 2017 on the file of the learned Judicial Magistrate, Manamadurai.

(2.) The facts of the case is that the respondent herein, is working as a Highway Worker at Manamadurai, and the marriage between the petitioner herein and one Chithra Selvi was soleminzed on 26.05.2003 at Justice Krishnan Iyar Thirumana Mandapam, Madurai and they have two famale children. On 07.06.2015, the respondent along with his family members went to the petitioner's house, the said Chithra Selvi showed the copy of the divorce petition field by the petitioner in H.M.O.P.No.485 of 2015 before the learned Family Court, Chennai, contending the defamatory sentence against the respondent that the said Chithra Selvi is living with the respondent herein happily. Originally, the respondent is living with his wife and three children. The petitioner filed that petition with an intention to harm the reputation of the respondent. So, the respondent herein, filed a private complaint against the petitioner for the offence punishable under Sections 499, r/w 500 and 501 of IPC, before the Judicial Magistrate, Manamadurai, and the same was taken on file in C.C.No.26 of 2017. Challenging the same, the petitioner is before this Court.

(3.) The main ground on which this petition is filed, is that, the averments made by him in the petition, filed for divorce has been misrepresented or misquoted. He meant that the word happy is not imputing allegations against the respondent. But, it was averred only with an intention to give a meaning that the wife of the petitioner is very much disconnected with the petitioner and very much connected with the respondent and so, he never intended to spoil the dignity of either his wife or the respondent.