SC relief to expelled AIADMK MP Sasikala Pushpa, quashes FIR against her

The top court also granted protection from any coercive action in two other criminal cases related to alleged sexual harassment of her family help and damage to property.

A bench of justices R Banumathi and S Abdul Nazeer said that there is no prima facie evidence to show that the appellants (Pushpa and others) had intended to cause damage or injury or any other acts.

"Since the disputed version in the vakalatnama appears to be an inadvertent mistake with no intention to make misrepresentation, in our view, the direction of the High Court to lodge a criminal complaint against the appellants cannot be sustained and the same is liable to be set aside," it said.

It said with regard to the facts and circumstances of the present case, no useful purpose would be served by proceeding with the criminal prosecution against Pushpa and others.

"In the facts and circumstances of the present case, in our view, no useful purpose would be served by proceeding with the criminal prosecution against the appellants. Without further going into the merits of the case, we quash the FIR in Crime No.1331/2016 and also quash the charge sheet pending before the concerned Magistrate".

"The FIR and the charge sheet are quashed only in the facts and circumstances of the present case and to meet the ends of justice. It is made clear that taking advantage of quashing of the case, the appellants shall not resort to any further consequential proceedings," the bench said.

In the sexual harassment case against Pushpa and others, the bench was told that the accused have reached a compromise with the victim and based on it they have moved the high court for quashing of the case.

"We are not inclined to go into the merits of the said matter, except to extend interim protection granted to the appellants in Crime No.5/2016 till the disposal of the said case," the bench said.

The top court, while dealing with the third case of damage to properties against Pushpa and others, said that anticipatory bail has already been granted to her and others.

"The appellants are granted anticipatory bail in Crime No.276/2016 which shall hold good till the disposal of the criminal case. So far as quashing of criminal case in Crime No.276/2016, the appellants are at liberty to approach the High Court and the High Court shall consider the same on its own merits," the bench said.

In September 26, 2016, the apex court had asked Pushpa to join the probe in the cases lodged against her.

Sasikala had approached the apex court against the order of the Madras High Court rejecting her plea for anticipatory bail in the sexual harassment case and directing registration of the case for allegedly forging documents while filing anticipatory bail plea.

Acting on directions of Madras High Court bench, police had registered cases against Pushpa and her two family members for allegedly submitting forged documents while filing anticipatory bail petitions in the case pertaining to ill-treatment and sexual abuse of two women domestic aides.

Police had registered cases under IPC Sections 193 (punishment for false evidence), 466 (forgery of record of court or of public register), 468 (forgery for purpose of cheating) and 471 (using as genuine a forged {document or electronic record).

The cases were registered against Pushpa, her husband R Lingeswara Thilagam and son Pradeep Raja.

On September 14, 2016, court had dismissed the anticipatory bail plea of Sasikala Pushpa and her three family members, including her mother, on a complaint filed by the two women domestic aides.

They are facing charges under various IPC sections and also POCSO (Protection of Children from Sexual Offences) Act for allegedly sexually harassing the domestic women aides.

Sasikala was expelled from AIADMK after an alleged altercation with DMK MP Tiruchi Siva at the Delhi airport. Since then she has alleged that she was being threatened to resign from her post.