Madras High Court
CRL OP(MD)/3400/2025 of Balakrishnan Vs The State of Tamilnadu on 8 October 2026
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
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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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