BALAMURUGAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners/A1, A3 and A4, who are facing trial in Special S.C.No.32 of 2024 for offence under Ss. 147, 427, 294(b), 323, 354, 506(2) IPC and Ss. 7, 8, 11(5) and 12 of Protection of Children from Sexual Offences Act, 2012 and Sec. 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 before the learned Special Judge, Special Court for exclusive trial of cases under POCSO Act, Sivagangai, have filed this quash petition.

(2.) The case of the prosecution is that LW3/Govindarajan, LW4/Sundaram and his wife/LW1/Suganya were having civil dispute with the 1st petitioner/Al and his father/A2 with regard to small land behind Roja Lodge in survey No.557/19C1. In that place, A2/Raja was having a two wheeler Service Station in 1/2 cent of land and adjoining land was also taken by him for ground rent. LW3 disputed the same and termed A2/Raja an encroacher. This being so, during the midnight on 15/2/2021, a ready made compound wall was attempted to be installed by LW5/Madhavan, M.K.Cement Works, Tiruchirapalli. LW5 brought building materials in three Bolero vehicle with his employees LW6, LW7, LW8, LW9 and other casual workers. LW1 along with her minor and her father-in-law/LW3 identified the place where the compound wall to be fixed. In that place, there was a two wheeler in the shed of A2 which was removed and the building materials unloaded. At that time, Al and A2 came in a car, objected the construction and questioned LWI and LW3. LW1 and LW2/minor daughter of LW1 abused and threatened, fearing for physical assault both LW1 and LW2 entered the small thatched shed near the place and locked the door. Since LW3 was not feeling well, he returned back home. In the meanwhile, A2 called his friends who came to the scene. Thereafter, Al and A3, sons of A2 pulled LW1 and LW2 forcibly from the shed, abused and beaten them, removed the dress of LW2 and made improper touch on the chest and private parts and also assaulted LWI which was captured by A3 in his mobile phone.

(3.) On getting information, LW22/Sub Inspector of Police attached to the 1st respondent Police Station along with Head Constable/LW23 who were on patrol duty reached the scene of occurrence, made enquiry. Finding that it is a civil dispute, directed parties to come to Police Station. In the meanwhile, LW1 and LW2 were sent to the Government Hospital, Singampunari by Auto. LW24, Duty Doctor treated LW1 and LW3. On the next day i.e., 16/2/2021, LW1 lodged a complaint with the 1st respondent and CSR.No.28 of 2021 assigned and on the complaint of Raja/A2, CSR.No.27 of 2021 assigned. Since it is a civil dispute and on the intervention of others, LW1 and the accused group decided not to further pursue their complaint and agreed to resolve the issue among themselves and CSR.No.27 of 2021 and CSR.No.28 of 2021 not acted upon. Since Al and A2 continued to cause harassment and threat to LW1 and others, on 11/2/2022 the complaint of LW1 in CSR.No.28 of 2021 and the counter complaint of A2 in CSR.No.27 of 2021 enquired and case and counter case in Crime Nos.19 & 20 of 2022 registered. On completion of investigation in Crime No.19 of 2022, charge sheet filed listing LW1 to LW30 and the same was taken on file in Special S.C.No. 32 of 2024. In the counter complaint in Crime No.20 of 2022 investigation completed, charge sheet filed in Special S.C.No.44 of 2022 before the Special Court for trial of cases under SC/ST Act, Sivagangai. LW1, LW3 and LW4 in the above case were accused A1, A2 and A3. The case in Special S.C.No.44 of 2022 was quashed by this Court in Crl.O.P(MD) No.1240 of 2023 on the ground of compromise arrived between the parties. Al and A2 who are the defacto complainant and victim in Special S.C.No.44 of 2022 had entered into a compromise with LWI & LW3 with an understanding that the counter case against the accused groups in Special S.C.No.32 of 2024 can be closed. In view of the above, the present quash petition is filed based on the compromise entered between the petitioners/accused with the defacto complainant/2nd respondent/LW1.