BHARATHA Vs. STATE

JUDGEMENT

(1.) This criminal original petition has been filed seeking to quash the proceedings in C.C.No.14/2017 pending on the file of the Judicial Magistrate, No.II, Dindigul.

(2.) The de-facto complainant has given a complaint to the respondent police on 23.12.2015 to the effect that she is a widow and she married one Mohankumar, who is the husband of the first petitioner and the father of the second respondent. Thereafter, there was some misunderstanding between them and he is said to have become a drunkard and there used to be regular fights. On the date of occurrence, the de- facto complainant questioned the said Mohankumar and he is said to have attacked the de-facto complainant. The petitioners were roped in the complaint on the ground that they also came to the house of the de-facto complainant and attacked her.

(3.) Based on this complaint, the respondent police registered an FIR in Crime No.526/2015 for offence under Sections 323, 506(i) IPC and Section 4 of the Prohibition of Harassment of Women Act. On the completion of the investigation, a final report came to be filed before the Court below against three accused persons. The petitioners are ranked as A-2 and A-3. The Court below has taken cognizance of the final report against all the accused persons. The Court below has taken cognizance against the first petitioner for an offence under Section 323 IPC and as against the second petitioner for an offence under Section 323 IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act.