LAWS(MAD)-2019-4-757

KARTHIKEYAN Vs. STATE

Decided On April 29, 2019
KARTHIKEYAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This petition has been filed to quash proceedings in S.C.No.313 of 2016 on the file of the learned IV Additional Session Judge, Chennai, thereby taken cognizance for the offence under Section 306 of IPC, as against the petitioners.

(2.) The learned Senior Counsel appearing for the petitioners submitted that the petitioners are arraigned as A1 to A4 in S.C.No.313 of 2016 on the file learned IV Additional Session Judge, Chennai, having been taken cognizance for the offence under Section 306 of IPC. He further submitted that the first petitioner, second petitioner are brothers and third petitioner is the sister of the deceased and the fourth petitioner is the husband of the third petitioner herein. The deceased is one of the brother of the petitioners 1 to 3 herein. The petitioners and the deceased were running a brick-klyn chamber under the name and style of T.K.R.Brick. There was a business dispute between them and due to which their family stopped the business and the first petitioner alone started on his own business.

(3.) Per contra, the learned counsel appearing for the second respondent submitted that T.K.R.Brick industries was run by the elder brother of the deceased along with his brothers. It was a family business and with malafied intention to deprive the deceased from the business, the first petitioner started abusing, harassing, humiliation and continues and repeated irritation in all manners. He also criticized that the deceased had only two daughters and they have not been considered for share as per customs right in their community. He further submitted that even in the earlier occasion, the deceased attempted to commit suicide on 28.08.2014 and he was fortunately saved by proper treatment in the private hospital. The attempt of suicide only due to harassment of the first and second petitioners herein.