Vijayakumar v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.05.2022
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.O.P.No.12141 of 2022 and Crl.M.P.Nos.6818 and 6822 of 2022 Vijayakumar ... Petitioner/Accused Vs.
1.The State, Rep. by the Inspector of Police, K-9, Thiru Vi Ka Nagar Police Station, Thiru Vi Ka Nagar, Chennai - 82.
Crime No.697/2018 ...1st Respondent/Complainant 2.V.Suma ..2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973 to call for the records in S.C.No.307 of 2019, pending on the file of Mahila Court at Allikulam and may Quash the same against the petitioner/ accused herein.
For Petitioner : Mr.R.Perumal Raj For Respondent No 1 : Mr.A.Damodaran Additional Public Prosecutor
O R D E R
This Criminal Original Petition filed to quash the proceedings in S.C.No.307 of 2019, pending on the file of Mahila Court at Allikulam.
2. The mother is the defacto complainant. The father is the accused/ petitioner. The allegation is that when the daughter asked for a pocket money of Rs.500/-, in a fit of rage, he pulled out a knife which was kept for cutting fruits and stabbed the daughter. All three of them are today present together before this Court. The defacto complainant and the daughter have no objection in closing the case. Since the matter is within the family and even though the offence is under Section 307 IPC, the nature of the offence is that it was committed in a fit of rage and anger.
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3. Considering the facts and circumstances of the case, I am inclined to accept the submissions made on behalf of the parties and the counsel appearing on either side. Therefore, the case in S.C.No.307 of 2019 on the file of Mahila Court at Allikulam stands quashed. Accordingly, this Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Vacation Officer //True Copy// Sub Assistant Registrar ab/mkn To 1.The Mahila Court, Allikulam 2.The Inspector of Police, K-9, Thiru Vi Ka Nagar Police Station, Thiru Vi Ka Nagar, Chennai - 82.
3.The Public Prosecutor, Madras High Court.
Crl.O.P.No.12141 of 2022 NRJK(CO) SB(03/06/2022) https://hcservices.ecourts.gov.in/hcservices/