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Madras High CourtCRL OP/15388/2022allowed

C.Nesamani v. Inspector Of Police

2024-01-10Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRL.OP No. 15388 of 2022 & Crl.MP.No. 8637 of 2022 C.NESAMANI

...Petitioner

Vs.

1 INSPECTOR OF POLICE ALL WOMEN POLICE STATION POLLACHI 2 JAYANTHI

...Respondents

PRAYER : This petition has been filed under Section 482 of Cr.P.C , to call for records and QUASH the FIR in Crime No.32 of 2021 dated 25.011.2021 on the file of the Inspector of Police All Women Police

Station Pollachi.

For Petitioner : Mr.M.Madhuprakash For R1 : S.Vinoth Kumar Government Advocate (Crl.side) For R2 : Mr. A.Ragupathy

ORDER

The petitioner herein filed this petition to call for records and QUASH the FIR in Crime No.32 of 2021 dated 25.011.2021 on the file of the Inspector of Police All Women Police Station Pollachi.

2. The defacto complainant lodged complaint before the respondent police stating that the petitioner and the defacto complainant were love each other thereafter they got separated. Subsequently, the defacto complainant married the other person. After knowing about the defacto complainant's marriage the petitioner threatened the defacto complainant and also shared the nude video of the defacto complainant to her relatives and third parties. Based on the complaint of the defacto complainant, the respondent police lodged a FIR in crime No. 32 of 2021 punishable under sections 354A(2), 354 C, 506(1) of IPC and under Section 66E, 67 A of Information Technology Act, 2002.

3. The learned counsel for the petitioner is working as a constable in Tamil Nadu Police and assured that the petitioner will not upload any photograph or video of the defacto complainant in social media to that effect he filed the affidavit of undertaking before this Court.

4. Considering the facts of the case, the petitioner is directed not to possess or upload the photographs or video of the defacto complainant in any Social Media. If at all the petitioner upload any video or photograph, it will be viewed seriously. The affidavit of undertaking filed by the petitioner is recorded. Accordingly, FIR in crime No.32 of 2021 is quashed.

5. In the result, this petition is allowed. No Costs. Consequentially connected miscellaneous petition is closed.

10.01.2024 pbl To The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI, J.

pbl CRL.OP No. 15388 of 2022 & Crl.MP.No. 8637 of 2022 10.01.2024