(1.) The petitioners herein numbering 65 are the accused in PRC.No.9/2006, arising out of FIR in Cr.No.32/2006 registered on the basis of the complaint given by one Vedanayagi W/o.Thangamuthu. The complaint was given in respect of the occurrence taken place at 6.00am on 11.02.2006 in front of the house of Thangamuthu. The complaint proceeds as if there exists enmity between the villagers on one hand and Thangamuthu and his wife Vedanayagi on other hand and in order to wreck vengeance against Thangamuthu and family, the first petitioner/Devaraj spread rumor among the villagers as if he was abducted by Thangamuthu and his friends and believing the same, the petitioners 2 to 65 herein unlawfully assembled in front of the house of Thangamuthu and attacked Thangamuthu, his wife and other relatives by names Shanmuga Sundaram, Nallasamy and Easwaramoorthi and caused damage to an Ambassador Car belonging to Thangamuthu and other house hold articles. The case was registered against the petitioners herein for the offences under Sections 147, 148, 307, 324, 354, 427, 452 and 506(ii) IPC. The same was investigated into and final report was filed against all the petitioners for the offences under Sections 147, 148, 427, 450, 451, 452, 294(b), 342, 354, 323, 325, 307 and 506(ii) r/w 109 IPC .
(2.) After entering appearance in the case, the petitioners have come forward with the present petition for quashing the proceedings on the following grounds: (i)FIR is doubtful as earlier information was suppressed (ii) the entire villagers are roped in Section 161 Cr.P.C statements belatedly and (iii)the offence under Section 294(b) IPC is not attracted as the filthy language was uttered inside the house of Thangamuthu and not in public place or near the public place, as such, continuance of the criminal proceedings against the petitioners herein, on the basis of such Section 161 Cr.P.C statements is abuse of process of law. In the event of the same being allowed to continue, it is likely to cause breach of peace and cause law and order problem in the prevailing area.
(3.) Heard both sides and perused the records.