SUMATHI Vs. STATE

JUDGEMENT

(1.) This petition is filed, seeking for a direction to quash the proceedings pending against the petitioners/a-party in STC. No. 602 of 2004 on the file of the learned Judicial Magistrate, Kodumudi.

(2.) An occurrence took place in front of the residence of 'a' party on 04. 12. 2003 and the 'a' party petitioners have been assaulted by 'b' party/respondents. On the report given by the petitioners, a case in Crime No. 167 of 2003 has been registered for an offence under Sections 323 and 294 (b) IPC. While so, a report has been given by the respondent/b-party on 11. 12. 2003 for the occurrence, which had taken place on 04. 12. 2003, as if they have been assaulted by the petitioners/'a' party. The case has been taken on file by the 5th respondent in Crime No. 169 of 2003. On conclusion of the investigation, a final report has been filed for an offence punishable under Section 160 IPC and aggrieved against that the present petition has been filed before this Hon'ble Court to quash the proceedings.

(3.) Learned counsel appearing for the petitioners submits that on the strength of the complaint given by the petitioners/'a' party for the occurrence which had taken place on 04. 12. 2003, a case in Crime No. 167 of 2003 under Sections 323 and 294 (b) has been registered. The case would have been investigated, since it has been given earlier and since the petitioners are victims and aggrieved. Instead the 5th respondent entertained the complaint of the respondents/'b' party through a complaint dated 11. 12. 2003 and has erroneously come to a conclusion as if both the parties indulged in a quarrel, resulting in the filing of a final report under Sections 160 IPC.