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Madras High CourtCRL OP(MD)/16309/2025dismissed

Sasikumar v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

2025-09-25Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.16309 of 2025 and Crl.M.P.(MD).Nos.13317 and 13318 of 2025 1.Sasikumar 2.Chandrasekar 3.Nagarajan 4.Karthi ... Petitioners/Accused Vs.

1.State of Tamil Nadu rep. by, The Inspector of Police, Karur Town Police Station, Karur.

(Crime No.50 of 2024) ... 1st Respondent/Complainant 2.Jailani ... 2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records relating to the final report in P.R.C.No.35 of 2025 pending on the file of the Learned Judicial Magistrate No.I, Karur and to quash the same as against the petitioners herein.

For Petitioners : Mr.M.Suresh For R-1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) 1/5

ORDER

The petitioners seek to quash the impugned final report in P.R.C.No.35 of 2025 filed for the offences under Section 306, 384 and 34 of IPC read with Section 9 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003.

2. The allegation in the final report is that the deceased is the wife of the defacto complainant; that she availed a loan from the petitioners and others and failed to repay the said sum; that the petitioners along with other accused, on 11.01.2024, had called the deceased to the finance company, humiliated her and abused her in filthy language; that they defamed her by stating that she had illicit affair with several men; that they demanded excess interest contrary to the Prohibition of Charging Exorbitant Interest Act; and that unable to bear the humiliation, she committed suicide on 20.01.2024.

3. The learned counsel for the petitioners would submit that that alleged occurrence took place on 11.01.2024 and the deceased committed suicide on 20.01.2024; that there is no proximate link between the alleged occurrence and the suicide; and that the allegations even if accepted to be true would not constitute the offence under Section 306 IPC and other offences. 2/5

4. The learned Government Advocate appearing for the first respondent per contra submitted that the allegations in the final report would suggest that the cruelty was of such a nature that the deceased had no other option but to commit suicide as the deceased was not only humiliated for non-payment of loan, but also was defamed stating that she had illicit affair with several men; and that the question as to whether the act of the petitioners would amount to abetment of suicide cannot be adjudicated in a quash petition. He would further submit that the offences under Section 384 IPC read with Section 9 of the Prohibition of Charging Exorbitant Interest Act and 34 of IPC are also made out.

5. The allegation in the impugned final report is that the petitioners along with others had not only demanded excess interest, but had also taken the deceased to the finance company and humiliated her. They had also accused her of having illicit affair with several men and in the presence of others. The question as to whether the petitioners had committed the abetment of suicide cannot be decided in a quash petition. The Hon'ble Supreme Court has held that if the victim has been subjected to cruelty of such a kind, wherein, she had no other option except to commit suicide, the perpetrators can be accused of the offence under Section 306 IPC. On the allegations, the other offences are also 3/5

made out. Therefore, this Court finds no reason to interfere with the impugned final report.

6. Accordingly, the Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. 25.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Judicial Magistrate Court No.I, Karur.

2.The Inspector of Police, Karur Town Police Station, Karur.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.16309 of 2025 25.09.2025 5/5