Balakrishnan vs The State of Tamilnadu

Court
Madras High Court

CRL OP(MD) No. 3400 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 3400 of 2025
CNR:{HCMD010136572025}
AND
CRL MP(MD) Nos. 2345 & 2347 OF 2025
1. Balakrishnan
S/o. Veeran,
Vembangudi East,
Keeramangalam Post,
Pudukottai District- 614 624.
2. Indrani
W/o. Balakrishnan,
Vembangudi East,
Keeramangalam Post,
Pudukottai District- 614 624.
3. Prakash
S/o. Balakrishnan,
No. 52D1, Vembangudi East,
Keeramangalam Post,
Pudukottai District- 614 624.
4. Praveen
S/o. Balakrishnan
No. 52 D1, Vembangudi East,
Keeramangalam Post,
Pudukottai District- 614 624.
5. Senthil @ Senthilkumar
S/o. Sakthivel,
No. 3/207, Vadikkodu,
Punalvasal,
Pudukottai Taluk,
Thanjavur District- 614 803.
..Petitioner(s)
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CRL OP(MD) No. 3400 of 2025
Vs
1. The State of Tamilnadu
Rep. by The Inspector of Police,
All Women Police Station,
Alangudi,
Pudukottai District.
Crime No. 5/2022.
2. Rama
W/o. Prabakaran,
No. 104/B, Nehru Street,
Aranthangi Taluk,
Pudukottai District. ..Respondent(s)
PRAYER: Criminal Original Petition is filed under Section 528 of
BNSS Act, to call for the records pertaining to the Criminal Proceedings
in C.C.No. 78/2024 on the file of the Learned District Munsif cum
Judicial Magistrate, Alangudi, Pudukottai District and quash the same as
far as the above named petitioners.
For Petitioner(s): M/s.M.Maria Vinola
For Respondent(s): M/s. V. Shathurthi Raja,
Government Advocate (crl. Side)
For R1
No appearance – For R2
ORDER
The present petition has been filed by Accused Nos. 2, 3, 4, 5, and
7 in C.C. No.78 of 2024, pending on the file of the learned District
Munsif-cum-Judicial Magistrate, Alangudi, Pudukkottai District, seeking
to quash the charge sheet filed against them for the alleged offences
punishable under Sections 294(b), 417, and 498-A of the IPC.
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CRL OP(MD) No. 3400 of 2025
2. A perusal of the charge sheet reveals that the defacto
complainant married the first accused on 18.10.2020 and that, within a
few days of the marriage, the first accused left for Mumbai for
employment.
3. It is alleged in the charge sheet that the first accused/husband
abused and body-shamed the defacto complainant. When she questioned
Accused Nos. 2 and 5 about the same, they informed her that the first
accused would return and that they would take steps to reunite her with
him. As regards the allegations against Accused Nos. 6 and 7, it is alleged
that they arranged the marriage between the de facto complainant and the
first accused. It is further alleged in the charge sheet that Accused Nos. 1
to 5 abused the defacto complainant and drove her away from the
matrimonial home.
4. A perusal of the second statement of the defacto complainant
recorded under Section 161(3) of the Cr.P.C. reveals that she retracted
her earlier statement regarding the alleged remarriage of her husband
with another woman, stating that she had no records to substantiate the
same. She further admitted that she had exaggerated the incident and had
made a false statement out of anger.
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CRL OP(MD) No. 3400 of 2025
5. According to the learned counsel appearing for the petitioners,
the petitioners, being relatives of the first accused/husband, cannot be
implicated in a criminal case, particularly for the offences punishable
under Sections 498-A and 417 of the IPC, merely on the ground that they
remained silent. She further submitted that the defacto complainant had
made only general allegations against the petitioners without specifying
the date and time of the alleged incidents. Though the defacto
complainant was served with notice through Court on 15.03.2025 and her
name was printed in the cause list, she has not chosen to appear either in
person or through counsel. Therefore, this Court is constrained to proceed
in accordance with law after hearing the submissions made by the learned
counsel appearing on either side.
6. As could be seen from the charge sheet, the following
allegations have been made against the petitioners herein:
(a) The petitioners remained silent when the first accused abused
the de facto complainant.
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CRL OP(MD) No. 3400 of 2025
(b) The petitioners abused the defacto complainant and drove her
out of the matrimonial home.
7. As regards the allegation that the petitioners remained silent
when the first accused abused the defacto complainant, the same, by
itself, would not attract the offence punishable under Section 498-A of
the IPC. As regards the allegation that the petitioners drove the defacto
complainant out of the matrimonial home, no specific date or time has
been mentioned in the FIR, the charge sheet, or the statement of the
defacto complainant recorded under Section 161 of the Cr.P.C. In fact, in
her second statement recorded under Section 161 of the Cr.P.C., the
defacto complainant stated that, out of anger, she had exaggerated the
incident and falsely claimed that her husband had contracted a second
marriage and was residing in Mumbai.
8. In such view of the matter, the continuation of the criminal
proceedings against the petitioners would amount to an abuse of the
process of law. Accordingly, the charge sheet in C.C. No. 78 of 2024,
pending on the file of the learned District Munsif-cum-Judicial
Magistrate, Alangudi, Pudukkottai District, is hereby quashed insofar as
the petitioners are concerned.
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CRL OP(MD) No. 3400 of 2025
9. With the said observations, this Criminal Original Petition stands
allowed. Consequently, connected miscellaneous petitions are closed.
08-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
gvn
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CRL OP(MD) No. 3400 of 2025
To :
1. The District Munsif-cum-Judicial Magistrate,
Alangudi, Pudukkottai District.
2. The Inspector of Police,
All Women Police Station,
Alangudi, Pudukottai District.
Crime No. 5/2022.
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CRL OP(MD) No. 3400 of 2025
R.VIJAYAKUMAR J.
gvn
CRL OP(MD) No. 3400 of 2025
and
CRL MP(MD) NO. 2345 & 2347 OF 2025
08-10-2026
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