As per the complainant woman, after the death of her mother the dispute between her and her brothers loomed large with regard to the property. On 18-05-2024 at about 3.00 p.m. when the victim and her brother had gone for a walk near the house, the accused/petitioners followed them in order to kill them and pushed the victim down and attempted to rape her.
When she attempted to escape from the clutches of the two, she was harassed and therefore, the complaint came to be registered against these petitioners. The petitioners argued that the siblings have have filed several civil and criminal cases against each other and all of them are pending consideration before jurisdictional Courts.
A dispute with regard to the property is projected to become the aforesaid crime only as a counterblast or to arm-twist the petitioners. This case cannot be permitted to settle personal scores, it was argued.
The complainant opposed the plea contending, investigation in the case is still to be done. In such cases this court at this juncture should not interfere and scuttle investigation.
The bench referring to the statement of the complainant and said “Insofar as the offences under the Act is concerned the statement is that her hair was pulled and clothes were torn by the said act. Except this statement, there is no statement made by the victim about the petitioners having inappropriately touched the victim.”
“Sometimes crimes would be registered to wreak vengeance out of private or personal grudge or as a counterblast. It is in those cases the Apex Court holds that this Court should step in and obliterate the crime,” the court said.
Justice M Nagaprasanna allowed the petition and quashed the prosecution initiated against the petitioners under Sections 8(Punishment for sexual assault) and 12(Punishment for sexual harassment) POCSO Act and Sections 354(Assault or criminal force to woman with intent to outrage her modesty), 506(criminal intimidation) and 34(common intention) of the IPC.
Case No: CRIMINAL PETITION No.6965 OF 2024
