Vijayalakshmi vs State

Arunachalam, J.—The Petitioner is the accused in C.C. No. 11082 of 1987 on the file of the 14th Metropolitan Magistrate, Egmore, Madras. The prosecution has been initiated by the Respondent for an offence u/s 160, I.P.C. in respect of an incident said to have taken place at 11:30 a.m. on 19-4-1987 inside the Mansion Site Police Quarters, on the common staircase.

The allegation against the Petitioner is that, when at 11:30 a.m. on 19-4-1987 one Lakshmi, the wife of G. James, questioned the Petitioner about her hurling abuses regarding the parking of cycle by a boy in the common staircase, the Petitioner and Lakshmi quarrelled among themselves and assaulted each other. It is stated that both of them were separated by Kannan, the younger brother of the Petitioner.

The point urged by Mr. D. Suresh learned Counsel appearing for the Petitioner to quash the proceedings is that the ingredients of the offence punishable u/s 160, I.P.C. are not attracted, even if the entire averments in the documents furnished to the Petitioner are taken at their face value.

To appreciate this contention, I looked into the entire records u/s 173, Code of Criminal Procedure furnished to the Petitioner. It is very clear that the occurrence has taken place in the staircase of the Police Quarters in Mansion Site, Madras. The quarrel alleged, is between two women, who are the residents in the police quarters.