Madras High CourtCRL OP/24197/2016dismissed

K.Rakesh Madhan, M/23 v. The Inspector Of Police

2016-11-22Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2016

CORAM:

THE HONOURABLE MR. JUSTICE P.N.PRAKASH Crl.OP.No.24197/2016 & CMP.No.11519/2016 K.Rakesh Madhan ..

Petitioner/Sole Accused Vs.

1.The Inspector of Police All Women Police Station Nagapattinam.

2.Ms.Nithya ..

Respondents Petition filed under Section 482 Cr.P.C., to call for the records in CC.No.39/2016 pending trial before the learned Judicial Magistrate No.II, Nagapattinam, and quash the same. For Petitioner : Mr.M.Balaji For R1 : Mr.C.Emalias, APP

ORDER

The above Criminal Original Petition has been filed by the petitioner / sole accused to quash the proceedings in CC.No.39/2016 pending on the file of the learned Judicial Magistrate No.2, Nagapattinam.

Heard Mr.M.Balaji, learned counsel for the petitioner and Mr.C.Emalias, learned Additional Public Prosecutor appearing for the 1st respondent.

On the complaint lodged by Nithya, the 2nd respondent herein, the 1st respondent police registered a case in Cr.No.3/2016 and after completing investigation, have filed a Final Report in CC.NO.39/2016 before the learned Judicial Magistrate No.2, Nagapattinam, for the offences u/s.417, 493 IPC and section 4 of Women Harassment Act, 2002, against Rakesh Madhan, the petitioner herein.

This petition for quash has been filed by Rakesh Madhan on the ground that the matter has been amicably settled with Nithya.

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On notice, Mrs.R.Thangam, the Sub Inspector of Police, All Women Police Station, Nagapattinam, produced Nithya before this Court today.

On enquiry, Nithya stated that she is not in a proper frame of mind today to consent for quashing the prosecution.

Accordingly, this Criminal Original Petition is dismissed. However, with liberty to the petitioner to file a fresh quash petition with full consent of Nithya, the 2nd respondent herein / defacto complainant. Consequently, the connected miscellaneous petition is also dismissed. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar AP To 1.The Judicial Magistrate No.2, Nagapattinam.

2.The Inspector of Police All Women Police Station Nagapattinam.

3.The Public Prosecutor High Court, Madras.

Crl.OP.No.24197/2016 KJI (CO) kk 28/12 https://hcservices.ecourts.gov.in/hcservices/