Muthaiya v. State of Tamilnadu Rep by Inspector of Police, Elumalai

O R D E R The present petition has been filed by the accused persons in Crime No.170 of 2026 on the file of the first respondent police wherein they are charged with the offence under Sections 191(2), 329(4), 296(b), 118(1), 351(3) of Bharatiya Nyaya Sanhita (BNS), 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Woman (Amendment) Act, 2002.

2.A perusal of the F.I.R reveals that on 13.06.2026, the petitioners herein are said to have abused the defacto complainant and attacked them. It is further alleged that the accused persons had threatened the defacto complainant to withdraw the POCSO case.

3.According to the learned counsel appearing for the petitioners, already a POCSO case has been registered as against the father of accused Nos.2 to 4 and only in order to cancel the bail granted by the Court, such a false complaint has been lodged.

¶4Heard the learned counsel appearing on either side and perused the material records.

5.As could be seen from the F.I.R, the father of A2 to A4 and the husband of A5 namely Mookan and one Saravanan are the accused in Crime No.13 of 2025 wherein they are alleged to have committed an offence under POCSO Act. They have been recently released on bail. Thereafter, the accused persons who are the children and wife of the said Mookan are said to have entered into the house of the defacto complainant and abused, attacked and threatened her to withdraw the POCSO case.

6.A perusal of the F.I.R reveals that there is specific overtact as against the petitioners herein and in such circumstances, this Court is not inclined to interdict with the investigation process, especially when no legal grounds have been raised for quashing of the F.I.R. There are no merits in this petition. This Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.

20.07.2026. Internet : Yes/No Index : Yes/No NCC : Yes/No msa To

¶1The Inspector of Police Elumalai Police Station Madurai District Crime No.170 of 2026

2.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai

R.VIJAYAKUMAR, J. msa Crl.O.P(MD).No.14024 of 2026 and Crl.MP(MD).No.13607 of 2026

20.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ORDER RESERVED ON : 13.07.2026 ORDER PRONOUNCED ON : 20.07.2026 CORAM THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR Crl.O.P(MD).No.14024 of 2026 and Crl.MP(MD).No.13607 of 2026 1.Muthaiya 2.Pandi 3.Selvi 4.Pandiyammal 5.Pandiselvi @ Pandiyammal ....Petitioners/Accused Nos. 1 to 5 Vs 1.State of Tamil Nadu Rep.by the Inspector of Police Elumalai Police Station Madurai District Crime No.170 of 2026 ...1st Respondent/Complainant 2.Alaguthai ...2nd Respondnet/Defacto Complainant Prayer:Petition is filed under Section 528 of BNSS 2023, to call for the records relating to Crime No.170 of 2026 dated 15.06.2026 on the file of the Inspector of Police, Elumalai Police Station, Madurai District and quash the same as against the petitioner. For Petitioners : Mr.R.G.Shankar Ganesh For Respondents : Mr.G.Ganesh Kumar Government Advocate (Crl.side) for R1